REESE   LIBRARY 

*  OF   THE 

UNIVERSITY  OF  CALIFORNIA. 

**«<--       MAR151893       ,,89    .  /V 

Accessions  No.&US5Q.      Class  No.      T 

v-W-^-U-^^^U-^-lr-u^^^r-^^u-U-J« 

.  / 


STUDIES 


IN 


CIVIL    GOVERNMENT 


BY 

WILLIAM   A.   MOWRY,   PH.D. 

EDITOR  OF  "  EDUCATION,"  AND  FOR  TWENTY  YEARS  SENIOR  PRINCIPAL  OF  THE  "  ENG- 
LISH AND  CLASSICAL  SCHOOL,"  PROVIDENCE,  R.I.     AUTHOR  OF 
"  ELEMENTS  OF  CIVIL  GOVERNMENT." 


BOSTON 

SILVER,  BURDETT    &    CO.,   PUBLISHERS 

6  HANCOCK  AVENUE 

1892 


"ELEMENTS  OF   CIVIL    GOVERNMENT/' 

BY 

WILLIAM  A.  MOWRY,  PH.D., 
AUTHOR  OF  "  STUDIES  IN  CIVIL  GOVERNMENT." 

Comprising  a  brief  course  in  Local,  State,  and  National  Government,  for 
ungraded,  grammar,  and  high  schools,  —  in  style  and  language  espe- 
cially adapted  to  interest  and  instruct  young  students. 

INTRODUCTORY  PRICE,  $0.72. 


COPYRIGHT,  1887,  1890, 
BY  WILLIAM  A.  MOWRY. 


ELECTROTYPED  BY  J.  S.  GUSHING  &  Co.,  BOSTON. 
PRESSWORK  BY  BERWICK  &  SMITH,  BOSTON. 


PREFACE. 


THIS  book  was  not  made  to  order,  but  has  grown  out  of 
the  personal  experience  of  the  author,  who  for  twenty-five 
consecutive  years  sent  out  annually  a  class  of  boys  from  an 
English  high-school  course  of  study.  Every  member  of 
each  class  completed  a  course  in  civil  government,  includ- 
ing the  memorizing  and  careful  discussion  of  the  constitu- 
tion of  the  United  States.  The  study  of  our  republican 
government  and  governmental  history  was  always  fascinating. 
It  led  to  a  somewhat  wide  range  of  reading.  Intense  inter- 
est in  this  study  has  resulted  in  the  publication  of  this  book, 
which  endeavors  to  set  forth  with  great  plainness  of  words 
and  becoming  brevity  the  history,  the  principles,  and  the 
essential  facts  of  our  peculiar  government,  local,  state,  and 
national. 

The  work  is  designed  for  practical  use  in  the  school- 
room as  a  class  text-book,  adapted  especially  to  the  highest 


iv  PREFACE. 

class  in  the  grammar  schools,  and  to  any  class  in  the  high 
schools  of  our  country. 

The  author  is  well  aware  that  the  philosophical  method 
of  teaching  is  by  analysis.  Under  certain  favorable  circum- 
stances he  would  prefer  to  begin  with  the  national  gov- 
ernment, leaving  the  treatment  of  the  state  and  local 
governments  to  follow.  He  believes,  however,  that  an  ele- 
mentary treatment  of  any  branch  of  study  for  young  pupils 
—  a  treatment  which  might  with  propriety  be  called  the 
natural  method  —  should  precede  a  fuller  and  more  scientific 
presentation  of  the  same  subject  for  mature  minds. 

It  will  readily  appear  that  pupils  of  the  highest  grade  in 
a  grammar  school  are  already  familiar,  in  a  general  way, 
with  town,  county,  state,  and  nation ;  yet  it  is  far  easier,  as 
well  as  more  philosophical,  for  the  pupil,  at  this  stage,  to 
begin  his  study  of  government  with  home  matters,  pertaining 
to  the  town  or  the  county.  After  this  he  will  be  able  to 
grasp  and  comprehend  affairs  of  the  state  and  nation. 

A  text-book  for  general  use  in  the  schools  of  all  parts 
of  the  land  cannot  be  expected  to  give  detailed  instruction 
concerning  the  peculiarities  of  state  constitutions,  laws,  and 
their  modes  of  operation.  Nor  is  this  necessary,  inasmuch 
as  the  various  state  constitutions  and  governments  are  so 
nearly  alike  in  essentials,  and  follow  so  closely  the  order  of 
the  national  government,  that  a  knowledge  of  the  United 
States  constitution  and  its  workings  is  quite  sufficient  for 
all  practical  purposes. 

It  would  also  be  difficult  to  adapt  a  text-book  in  other 
respects  equally  well  to  the  minutiae  of  civil  affairs  for  the 


PREFACE.  V 

older  and  the  newer  states.  In  some  sections  of  our  country 
the  township  is  the  important  unit  of  government;  in  other 
parts  the  county  forms  such  a  unit,  without  sub-divisions. 
In  this  book  much  is  made  of  the  township,  because  it  is 
believed  that  the  township  system  presents  certain  advan- 
tages with  which  the  pupil  should  become  familiar.  The 
operation  of  county  affairs  differs  so  much  in  different  sec- 
tions, that  it  is  somewhat  difficult  to  elaborate  the  county 
government  as  fully  as  might  seem  desirable  in  certain  parts 
of  our  land. 

The  attention  of  the  teacher  is  called  to  the  necessity  of 
dwelling  particularly  upon  the  subjects  treated  in  Part  I. 
It  is  hoped  that  the  historical  portion  will  receive  careful 
attention,  since  a  clear  knowledge  of  the  facts  therein  con- 
tained seems  essential  to  the  best  understanding  of  the 
foundation  of  our  government,  national  and  state. 

The  author  acknowledges  his  indebtedness  to  the  various 
text-books  upon  this  subject  in  wide  use  throughout  the 
country.  He  has  given  close  attention  to  the  best  of  them ; 
and  while  appreciating  their  good  qualities,  has  not  hesitated 
to  follow  a  different  treatment  of  the  subject  wherever  his 
experience  in  the  school-room  has  shown  it  to  be  preferable. 

Elliot's  Debates,  Towle's  Analysis,  Von  Hoist's  Consti- 
tutional History,  Brownson's  American  Republic,  De  Toque- 
ville's  Democracy,  Curtis's  History  of  the  Constitution, 
Hildreth's  History,  Farrar's  Manual  of  the  Constitution,  Pit- 
kin's  Political  and  Civil  History  of  the  United  States,  Mans- 
field's Political  Manual,  and  various  public  documents, — 
such  as  the  Manual  of  the  United  States  House  of  Repre- 


vi  PREFACE. 

sentatives,  the  Manual  of  the  Senate,  and  the  Congressional 
Directory,  —  are  commended  to  the  attention  of  thoughtful 
teachers.  Every  high  school  should  have  a  class  in  this 
subject;  and  every  teacher  of  such  class  would  find  great 
advantage  from  having  upon  his  table  a  copy  of  the  revised 
Statutes  of  the  United  States. 

The  American  public  school  is  properly  subject  to  severe 
criticism  for  not  making  more  prominent  the  study  of  our 
civil  polity  and  our  republican  institutions.  Public  taxation 
for  the  support  of  public  schools  offers  its  best  defence  in 
the  necessity  of  teaching  the  privileges  and  duties  of  Ameri- 
can citizens. 

This  book  is  sent  forth  to  the  teachers  of  America,  with 
the  hope  that  it  will  be  found  useful  in  teaching  the  essen- 
tial facts  and  principles  of  our  good  republican  government. 
For  its  defects  it  asks  a  kindly  forbearance. 

DORCHESTER,  Oct.  i,  1887.  W.  A.  M. 


NOTE  TO   THE   FIFTH   EDITION. 

Several  events  have  occurred  in  the  three  years  since  the  first 
edition  of  this  book  was  issued,  which  have  been  carefully  noted  in 
this  edition,  and  the  necessary  corrections  made.  President  Har- 
rison's administration,  the  establishment  of  the  department  of  agri- 
culture, and  the  admission  of  the  six  new  states,  North  Dakota, 
South  Dakota,  Montana,  Washington,  Idaho,  and  Wyoming,  are 
examples  of  these  changes. 

A  briefer  book,  treating  the  subject  in  a  more  elementary  man- 
ner, for  use  in  the  grammar  and  ungraded  schools,  has  been  pre- 
pared and  is  now  published. 

DORCHESTER,  Oct.  i,  1890.  W.  A.  M. 


CONTENTS. 
PART  I. 

OUR    GOVERNMENT  :    TOWN,   CITY,    AND    STATE. 
CHAPTER   I. 

PAGE 

TOWN  AND  CITY  GOVERNMENT i 

CHAPTER  II. 
THE  OBJECTS  OF  GOVERNMENT 9 


CHAPTER  III. 
PUBLIC  SCHOOLS 14 

CHAPTER  IV. 
TAXATION 21 

CHAPTER  V. 
TOWN,  STATE,  AND  NATION 26 

CHAPTER  VI. 
THE  COLONIAL  HISTORY 29 

CHAPTER  VII. 
THE  GERMS  OF  UNION 36 

CHAPTER  VIII. 
THE  COLONIAL  GOVERNMENTS:  THEIR  SPECIFIC  FORMS.        .        .      4) 


viii  CONTENTS. 

CHAPTER  IX. 

-  PAGE 

THE  CONTINENTAL  CONGRESS 48 

CHAPTER  X. 
THE  ARTICLES  OF  CONFEDERATION  .......      53 

CHAPTER  XI. 
ADOPTION  OF  THE  CONSTITUTION 57 


PART   II. 

THE    GOVERNMENT    UNDER   THE   CONSTITUTION. 

THE  CONSTITUTION  OF  THE  UNITED  STATES 63 

AMENDMENTS 78 

CHAPTER  I. 
THE  PREAMBLE 84 

CHAPTER  II. 
THE  THREE  DEPARTMENTS  OF  GOVERNMENT 87 

CHAPTER  III. 
THE  LEGISLATIVE  DEPARTMENT 89 

CHAPTER  IV. 
THE  SENATE 93 

CHAPTER  V. 

PROVISIONS  RELATING  TO  BOTH  HOUSES  OF  CONGRESS  ...      99 

CHAPTER  VI. 
THE  POWERS  OF  CONGRESS 105 

CHAPTER  VII. 
RESTRICTIONS  UPON  THE  NATIONAL  GOVERNMENT  .        .       .        .129 


CONTENTS.  ix 

CHAPTER  VIII. 

PAGE 

RESTRICTIONS  UPON  THE  STATES 134 

CHAPTER  IX. 
THE  EXECUTIVE  DEPARTMENT 137 

CHAPTER  X. 
THE  JUDICIAL  DEPARTMENT 158 

CHAPTER  XI. 
MISCELLANEOUS  PROVISIONS 163 

CHAPTER  XII. 
AMENDMENTS  TO  THE  CONSTITUTION 171 


PART   III. 

CHAPTER  I. 

THE  GOVERNMENT  UNDER  THE  CONSTITUTION:  ITS  HISTORY  AND 
PRACTICAL  OPERATION 177 

CHAPTER  II. 
TERRITORIAL  GROWTH 207 

CHAFFER  III. 
PRESENT  EXTENT  OF  OUR  COUNTRY 213 


APPENDIX. 

I.  DECLARATION  OF  RIGHTS 217 

II.  DECLARATION  OF  INDEPENDENCE 223 

III.  ARTICLES  OF  CONFEDERATION 229 

IV.  ELECTORAL  COUNT  BILL .       .240 


INDEX 247 


ILLUSTRATIONS. 


A  VIEW  IN  WASHINGTON Opposite  title-page. 

THE  OLD  STATE  HOUSE,  PHILADELPHIA     ....  "  page    51 

THE  NATIONAL  CAPITOL "  "63 

FLOOR  PLAN  OF  CAPITOL  AT  WASHINGTON      ...  "  "87 

FLOOR  PLAN  OF  SENATE  CHAMBER "  "93 

FLOOR   PLAN   OF  THE   HALL  OF  THE   HOUSE   OF 

REPRESENTATIVES "  "99 

THE  PATENT  OFFICE,  WASHINGTON "  "120 

THE  NEW  STATE,  WAR,  AND  NAVY  BUILDING    .    .  "  "182 

THE  NEW  STATE  CAPITOL,  ALBANY,  N.Y "  "    206 


PART   I. 

OUR   GOVERNMENT  :    TOWN,   CITY,   AND   STATE. 

CHAPTER   I. 

TOWN    AND    CITY    GOVERNMENT. 

MAN  A  SOCIAL  BEING.  —  A  life  of  solitude  is  unnat- 
ural. Man  everywhere  enjoys  society.  In  all  parts  of  the 
world  and  in  all  time  people  have  lived  in  communities. 

NEED  OF  GOVERNMENT.  —  Whenever  men  live  in  a 
community,  they  are  placed  under  certain  mutual  obliga- 
tions. Unless  these  obligations  were  regarded,  society 
would  prove  a  failure.  Man  is  selfish  as  well  as  social. 
The  weak  must,  therefore,  be  protected  from  the  strong. 
Moreover,  there  are  common  interests  which  require 
united  action.  This  united  action  may  be  for  the  com- 
mon defence  of  the  community  or  for  the  general  welfare 
of  all. 

THE  TOWNSHIP.  —  The  unit  of  government  is  gener- 
ally the  town.  In  many  parts  of  our  country  this  is- 
called  a  township.  Where  the  population  is  dense  and 
houses  are  close  together,  side  by  side,  so  that  within  a 
small  area  there  is  a  large  population,  the  government 
is  generally  under  the  form  of  a  city.  A  town  includes 
the  people  who  are  permanent  residents  within  a  certain 
limited  and  prescribed  territory,  usually  occupying  but 


2  TOWN  GOVERNMENT. 

a  few  square  miles.  In  the  western  part  of  our  country, 
where  the  national  government  has  plotted  the  land,  a 
township  is  six  miles  square. 

A  TOWN  GOVERNMENT.  —  The  government  of  a  town, 
or  township,  is  in  the  hands  of  the  people  permanently 
residing  within  the  limits  of  that  township.  These 
people  combine  together  for  the  protection  and  mutual 
good  of  all.  This  is  the  fundamental  principle  of  gov- 
ernment. To  carry  on  this  government  and  make  the 
necessary  provisions  for  the  mutual  good  of  the  inhab- 
itants of  the  town,  taxation  is  resorted  to.  The  people, 
therefore,  come  in  contact  with  the  government,  first 
of  all,  in  the  way  of  taxation.  Taxes  are  levied  by  a 
majority  vote  of  the  citizens  assembled  in  town  meeting. 

TOWN  MEETING.  —  The  people  of  the  town  meet  to- 
gether annually  upon  a  day  appointed  by  law,  and  elect 
the  town  officers,  vote  a  tax  such  as  they  deem  necessary 
to  carry  on  the  affairs  of  the  town,  receive  reports  of 
the  town  officers  for  the  past  year,  and  decide  what 
shall  be  done  during  the  year  to  come. 

TAXES.  —  Money  is  ordinarily  raised  by  taxation  for 
the  following  purposes,  namely :  the  support  of  the 
public  schools,  making  and  repairing  highways,  the  care 
of  the  poor,  maintaining  the  fire  department,  paying 
the  salaries  of  the  town  officers,  paying  for  the  detec- 
tion and  punishment  of  offenders  against  the  law,  main- 
taining burial  grounds,  planting  shade  trees,  providing 
for  disabled  soldiers  and  sailors  and  their  families,  and 
in  general  for  all  other  necessary  expenses. 

TOWN  OFFICERS,  (i)  Moderator.  —  The  town  meet- 
ing is  presided  over  by  an  officer  called  the  moderator, 
who  is  elected  at  each  meeting  for  that  purpose. 


TOWN  GOVERNMENT.  3 

(2)  Town  Clerk.  —  The  town  clerk  is  elected  annually, 
and  is  required  to  keep  a  record  of  all  votes  passed  at 
town  meeting ;    to  administer  requisite  oaths  to  officers  ; 
to  record  births,   marriages,  and  deaths   in   the  town, 
and   the  name  of   the  town  officers  elected ;   to  make 
necessary  returns  to  county  officers  or  to  officers  of  the 
state,  and  to  perform  such  other  duties  as  are  specified 
by  law,  differing  somewhat  in  different  sections  of  the 
country.     The  town  clerk  usually  calls  the  town  meeting 
to  order,  reads  the  warrant  under  which  the  meeting  is 
held,  and  presides  until  a  moderator  is  chosen. 

(3)  Selectmen.  — The  town  is  a  corporation,  and  must 
have  some  officer  or  officers  to  represent  it,  to  act  for  it, 
and  to  attend  to  the  general  business  of  the  town.     In 
some  states  this  officer  is  called  a  supervisor.     In  others, 
several  persons  are  elected,  called,  in  some  states,  trus- 
tees of   townships ;  in  other  states,  selectmen  ;  and  in 
others,  the  town  council.     In  New  England,  the  powers 
and  duties  of  these  officers  are  greater  than  in  other  sec- 
tions of  the  country,  because,  from  the  time  of  the  earli- 
est  settlements,  the  town  has  been  a  more  important 
division  of  the  state  here  than  elsewhere. 

(4)  Town  Treasurer.  —  There  is  usually  elected  at  the 
town  meeting,  a  town  treasurer,  who  receives  all  sums 
of  money  belonging  to  the  town,  and  pays  the  same  to 
the  order  of  the  proper  officers.     He  must  give  bonds 
for  a  faithful  performance  of  his  duties.     He  is  required 
to  make  an  annual  report  to  the  town  of  his  receipts  and 
expenditures. 

(5)  School   Committee.  —  Generally    throughout    the 
country  each  town  or  county  elects  a  board  of  school 
committee,  or  school  directors.     In  some  states  the  mem- 


4  TOWN  GOVERNMENT. 

bers  of  the  school  committee  are  elected  annually,  and 
in  other  states  they  are  elected  for  three  years,  one-third 
of  the  board  being  elected  each  year.  This  board  has 
the  general  charge  and  superintendence  of  the  public 
schools  of  the  town  or  county. 

In  most  of  the  states  the  school  committee  elect  the 
teachers  of  the  public  schools,  make  contracts  with  them, 
fix  their  salaries,  etc.  In  some  of  the  states  they  exam- 
ine the  teachers  as  to  their  qualifications  to  teach  and  to 
govern,  visit  the  schools,  arrange  the  courses  of  study 
for  the  different  grades  of  school,  see  that  the  schools 
are  properly  managed,  that  the  instruction  is  correctly 
given  by  the  teachers,  and  have  the  power  to  dismiss 
teachers  for  cause  at  any  time.  In  many  of  the  Western 
states  these  duties  fall  largely  upon  the  county  superin- 
tendent of  schools.  The  school  committee  are  required 
to  make  an  annual  report  to  the  town  or  county  of  the 
condition  of  the  schools,  with  such  suggestions  for  their 
improvement  as  they  think  proper. 

(6)  Surveyors  of  Highways.  —  The  town  chooses  one 
or  more  surveyors  of  highways.     Frequently  the  town- 
ship is  divided  into  districts,  and  a  surveyor  appointed 
for  each  district.     In  some  cases  the  town  creates  a  board 
of  road  commissioners,  who  have  the  general  charge  of 
the  roads  and    bridges  of   the   town.     In   those  states 
where  the  county  is  more  prominent  the  roads  are  under 
county  superintendence. 

(7)  Assessors  of  Taxes.  —  These  officers  are  elected  by 
the  town,  and  it  is  their  duty  to  make  annually  a  list  of 
the  names  of  all  taxable  inhabitants,  to  estimate  the 
value  of  all  property,  real  and  personal,  and  to  assess 
a  tax  upon  the  same.     In  addition  to  this  property  tax 


TOWN  GOVERNMENT.  5 

a  poll  tax  is  laid  in  many  states,  which  consists  of  a 
fixed  sum,  generally  one  or  two  dollars,  to  be  paid  by 
each  male  resident  of  the  town,  over  twenty-one  years 
of  age.  In  some  cases  this  poll  tax  is  restricted  to  those 
who  do  not  pay  a  property  tax. 

Property  is  usually  considered  as  either  real  estate  or 
personal  property.  Real  estate  means  land  and  perma- 
nent buildings  upon  the  land.  All  other  kinds  of  prop- 
erty are  called  personal  property.  Both  kinds  of  prop- 
erty are  subject  to  taxation. 

(8)  Collector  of  Taxes.  —  Each  town  may  choose  a 
collector  of  taxes.     In  some  states  the  constable  collects 
the  taxes.     The  collector  gives  bonds  to  the  town  for 
the  faithful  discharge  of  his  duties.     The  tax  must  be 
paid  within  a  specified  time.     If   not  so  paid,  the  col- 
lector may  seize  upon  the  property  and  sell  it  at  public 
auction,  refunding  to  the  owner  all  that  is  received  above 
the  tax  and  cost  of  collection. 

(9)  Overseers  of  the  Poor.  —  It  is  the  duty  of  these 
officers  to  provide  for  the  support  of  paupers  belonging 
to  the  town,  who  have  no  relatives  able  to  support  them. 
This  provision  is  made  in  different  sections  in  various 
ways.     In  some  states  there  is  in  each  county  a  poor- 
house,  to  which  the  paupers  of  the  towns  are  sent,  and 
the  expense  charged  by  the  county  to  the  towns  severally. 
In  other  states  each  town  maintains  its  own  poor-house 
or  arranges  with  private  individuals  for  the  support  of 
the  paupers. 

In  some  states  various  other  town  officers  are  provided 
for:  such  as,  field-drivers,  to  take  up  and  hold  in  safe 
keeping  stray  cattle ;  a  pound-keeper,  whose  duty  it  is 
to  care  for  stray  animals  committed  to  his  custody  by 


6  CITY  GOVERNMENT. 

the  field-drivers ;  fence-viewers,  surveyors  of  lumber, 
measurers  of  wood,  sealers  of  measures,  etc. 

SUMMARY  OF  TOWN  OFFICERS.  —  The  moderator, 
town  clerk,  selectmen,  town  treasurer,  school  committee, 
surveyors  of  highways,  assessors  of  taxes,  collectors  of 
taxes,  overseers  of  the  poor,  field-drivers,  pound-keepers, 
fence-viewers,  surveyors  of  lumber,  measurers  of  wood, 
sealers  of  weights  and  measures. 

Most  of  these  officers  are  elected  annually,  and  must 
be  sworn  to  the  faithful  discharge  of  their  duties. 

CITIES,  VILLAGES,  AND  BOROUGHS. — Every  township 
acts  as  a  corporation.  Whenever  a  town  or  a  particular 
portion  of  a  town  has  become  thickly  populated,  a  dif- 
ferent kind  of  government  is  needed.  The  houses  be- 
ing close  together,  there  is  greater  danger  from  fire.  A 
fire  department  is  therefore  needed.  Sidewalks,  paved 
streets,  street  lights,  police,  and  other  advantages  must 
be  provided  which  are  not  required  in  the  smaller  towns. 
In  accordance  with  state  laws  a  charter  may  be  obtained, 
and  the  town  becomes  incorporated  as  a  city,  a  village, 
or  a  borough,  with  certain  privileges  and  powers  such 
as  are  enumerated  above. 

Incorporated  cities  are  common  throughout  the  whole 
country.  Incorporated  villages  are  confined  to  certain 
states.  In  Connecticut  and  Pennsylvania,  an  incorpo- 
rated village  is  called  a  borough.  Ordinarily  the  word 
village  means  only  a  collection  of  houses,  or  of  people 
living  near  one  another. 

CHARTER. — The  charter  describes  the  boundaries  of 
the  city  or  village,  names  its  officers,  and  prescribes 
their  powers  and  duties. 

CITY  OFFICERS.  —  The  chief  executive  officer  of  the 


CITY  GOVERNMENT.  7 

city  is  the  mayor,  whose  position  is  one  of  great  impor- 
tance. 

His  duties  are  various,  —  often  onerous  and  difficult, 
—  and  his  powers  must  be,  in  the  nature  of  the  case, 
somewhat  unlimited.  He  is  the  executive  officer  of  the 
city.  It  is  his  duty  to  see  that  the  laws  of  the  city  are 
properly  enforced,  and  in  general  to  supervise  the  con- 
duct of  subordinate  officers.  He  may  call  special  meet- 
ings of  the  city  council  and  give  such  information  and 
make  such  recommendations  as  he  shall  deem  necessary. 
In  some  cases  he  presides  over  the  board  of  aldermen. 
He  usually  has  the  veto  power  similar  to  that  of  the 
governor  of  the  commonwealth. 

ALDERMEN.  —  The  city  is  divided  into  wards  of  con- 
venient size,  in  each  of  which  is  usually  chosen  an 
alderman  (sometimes  two)  and  such  other  officers  as 
are  prescribed  in  the  charter.  Sometimes  two  or  more 
wards  have  but  one  alderman.  In  some  cases  the  mayor 
and  aldermen  constitute  the  city  council,  which  is  a  kind 
of  legislature,  having  power  to  pass  such  laws  as  the 
government  of  the  city  requires.  The  city  laws  are 
commonly  called  ordinances.  In  other  cases,  another, 
larger  bo?*-d  is  elected,  called  the  common  council.  In 
some  cities  it  is  the  custom  for  each  ward  to  elect 
annually  or  otherwise  a  warden  and  a  ward  clerk.  In 
some  cases  inspectors  or  judges  of  elections  are  appointed 
from  the  great  political  parties,  whose  duty  it  is  to 
receive,  sort,  and  count  the  ballots  cast  at  elections. 
The  duties  of  the  warden  correspond  somewhat  to  those 
of  the  moderator  at  the  town  meeting.  The  ward  clerk 
keeps  a  record  of  the  proceedings  of  the  ward  meeting. 

The  city  usually  elects  a  school  committee  or  a  board 


8  CITY  GOVERNMENT 

of  education,  assessors  of  taxes,  overseers  of  the  poor, 
city  clerk,  treasurer,  collector  of  taxes,  superintendent 
of  streets,  engineers  of  fire  departments,  a  city  physi- 
cian, a  city  solicitor,  an  auditor  of  accounts,  and  some- 
times other  officers.  In  some  cases  these  officers  are 
elected  by  the  people,  in  other  cases  by  the  joint  vote 
of  the  two  branches  of  the  city  council,  and  in  others 
still,  they  are  appointed  by  the  mayor  and  confirmed  by 
vote  of  the  aldermen  or  the  council. 

VILLAGE  OFFICERS. — The  chief  executive  officer  of 
an  incorporated  village  is  usually  termed  president  of 
the  village.  The  village  has  also  a  board  of  trustees  or 
directors.  The  president  of  the  village  is  generally 
chosen  by  the  trustees  from  their  own  number. 

WHO  CAN  VOTE.  —  Every  state,  either  by  its  constitution  or  its 
statutes,  prescribes  the  limit  of  suffrage.  In  general,  this  limit  has 
heretofore  been  what  is  called  "  manhood  suffrage  "  ;  i.e.  every  male 
citizen,  twenty-one  years  old,  not  a  pauper  or  an  idiot,  could  vote. 
Within  a  few  years  many  states  have  extended  the  privilege  of 
suffrage  to  women.  The  state  of  Wyoming  gives  the  same  political 
rights  to  women  as  to  men.  In  Kansas  women  have  municipal 
suffrage,  and  also,  in  unincorporated  towns,  the  right  to  vote  on  the 
question  of  liquor  licenses.  In  twenty-three  states  women  have  the 
right  (more  or  less  restricted  in  some  states)  to  hold  office  in  con- 
nection with  the  management  of  public  schools.  Twenty  states 
have  conferred  upon  women  power  to  vote  for  school  officers.  In 
fifteen  of  these  states  a  woman  can  both  vote  upon  school  questions 
and  hold  office.  These  fifteen  states  are  as  follows  :  Colorado,  Mas- 
sachusetts, Michigan,  Minnesota,  New  Hampshire,  New  Jersey,  New 
York,  North  Dakota,  South  Dakota,  Idaho,  Montana,  Vermont, 
Washington,  Wisconsin,  Wyoming.  (1892.) 

The  additional  states  giving  women  the  right  to  vote  upon  school 
questions  are  the  following:  Indiana,  Kansas,  Kentucky,  Nebraska, 
Oregon.  (1892.) 

Those  additional  where  women  can  hold  office  are  the  following : 
California,  Connecticut,  Illinois,  Iowa,  Louisiana,  Maine,  Pennsyl- 
vania, Rhode  Island.  (1892.) 


CHAPTER  II. 

THE  OBJECTS    OF    GOVERNMENT. 

WE  have  treated  briefly  some  of  the  functions  of  gov- 
fci/iment  as  related  to  the  town  and  city.  What  has  now- 
been  considered  may  prove  sufficient  to  prepare  the  way 
for  a  brief  discussion  of  the  province  and  objects  of  gov- 
ernment. It  is  sometimes  said  that  the  sole  functions 
of  government  are  to  maintain  peace  and  execute  jus- 
tice. These  are,  undoubtedly,  the  primary  functions  of 
government,  but  let  us  see  if  they  cover  the  entire 
case. 

We  have  found  that  the  town  or  city  not  only  assesses 
and  collects  taxes  and  appoints  constables  to  arrest 
wrong-doers,  but  it  also  appoints  overseers  of  the  poor, 
school  committee-men  or  school  directors,  surveyors  of 
highways,  —  officers  not  required  to  maintain  the  peace 
and  execute  justice. 

All  civilized  governments  consider  themselves  bound 
to  perform  other  duties  of  an  entirely  different  character 
from  what  pertains  to  peace  and  justice.  When  our 
fathers  framed  the  constitution  of  the  United  States, 
they  gave  in  the  preamble  to  that  instrument  an  admira- 
ble definition  of  the  province  of  government.  This  pre- 
amble reads  as  follows  :  — 

"  Wet  the  people  of  the  United  States,  in  order  to  form 
a  more  perfect  union,  establish  justice,  insure  domestic 
tranquillity )  provide  fur  the  common  defence,  promote  the 


10  THE  OBJECTS  OF  GOVERNMENT. 

general  welfare,  and  secure  the  blessings  of  liberty  to  our- 
selves and  our  posterity,  do  ordain  and  establish  this  con- 
stitution  for  the  United  States  of  America." 

The  first  of  these  six  objects  of  -government,  namely : 
"  To  form  a  more  perfect  union,"  grew  out  of  the  fact 
that  this  government  was  to  be  a  union  of  thirteen  sep- 
arate colonies.  Omitting  that,  the  remaining  five  points 
in  this  admirable  exposition  of  the  objects  of  govern- 
ment are  —  observe  them  carefully  :  (i)  To  establish  jus- 
tice, (2)  To  insure  domestic  tranquillity,  (3)  To  provide 
for  the  common  defence,  (4)  To  promote  the  general 
welfare,  (5)  To  secure  the  blessings  of  liberty  to  our- 
selves and  our  posterity. 

JUSTICE. — The  first  object  is,  therefore,  to  establish 
justice  ;  —  to  see  that  each  person  has  his  rights,  and  is 
not  interfered  with  in  the  exercise  of  these  rights. 

PEACE.  —  The  second  is  to  maintain  the  peace  within 
the  borders  of  the  government,  and  the  third  to  take 
care  that  peace  is  also  preserved  as  against  enemies 
from  without. 

THE  GENERAL  WELFARE.  — The  fourth  clause : —  "  To 
promote  the  general  welfare" — is  one  that  requires  here 
our  special  attention.  In  the  earlier  times,  as  illustrated 
f  in  the  feudal  system,  the  principal  object  of  government 
seemed  to  be  to  protect  the  people  from  enemies  from 
without ;  that  is,  from  foreign  nations,  tribes,  and  peoples. 

MILITARY  GOVERNMENT.  —  The  basis  of  this  govern- 
ment was  essentially  military.  In  process  of  time,  as 
the  race  progressed  and  improved,  the  danger  from  with- 
out diminished,  and  the  danger  from  within  increased ; 
that  is,  the  government  found  less  to  do  in  providing 
for  the  common  defence,  and  more  to  do  in  insur- 


THE  OBJECTS  OF  GOVERNMENT.  n 

ing  domestic  tranquillity.  To  preserve  the  peace  from 
wrong-doers  within  became  more  important  than  to  pre- 
serve the  peace  from  wrong-doers  without.  This  con- 
dition of  affairs  after  a  time  brought  us  to  the  second 
stage  of  the  government  theory.  The  first  was  the 
military  period,  to  preserve  from  enemies  without. 

POLICE  GOVERNMENT. — The  second  became  the  po- 
lice period,  to  protect  from  wrong-doers  within.  Dur- 
ing the  past  two  or  three  hundred  years  this  has  seemed 
to  be  the  particular  province  of  government, — to  insure 
domestic  peace  and  justice.  The  typical  officers  of  gov- 
ernment during  this  period  were  the  magistrate,  the 
constable  or  sheriff,  and  the  judge. 

A  HIGHER  IDEAL.  — Within  the  last  century,  however, 
we  have  largely  advanced  into  a  third  period  of  govern- 
mental theory,  which  has  made  more  and  more  prominent 
the  grand  object  and  purpose  of  promoting  the  general 
welfare  of  all  the  people,  of  bearing  constantly  in  mind 
the  question,  not  what  interferes  with  the  public  good, 
not  to  punish  wrong-doing,  but  what  will  promote  the 
public  good,  wjiat  will  tend  to  right-doing.  It  is  quite 
apparent  at  the  present  day  that  the  government  should 
occupy  itself  more  and  more  with  this  province  of  its 
work,  and  that  the  government  of  the  future  will  be 
not  like  the  government  of  former  times,  a  military  des- 
potism, nor  like  the  government  of  a  later  period,  a  great 
police  organization,  but  rather  a  great  political  corpora- 
tion, whose  duty  it  is  to  take  such  active  measures  as 
will  best  conduce  to  the  highest  welfare,  to  the  greatest 
happiness  of  the  people,  constantly  bearing  in  mind  that 
we  of  the  present  generation,  in  view  of  the  blessings 
received  from  the  past,  are  in  duty  bound  to  provide  for 


12  THE  OBJECTS  OF  GOVERNMENT. 

future  generations  the  best  possible  conditions  for  their 
development  and  happiness.  This  is  "to  secure  the 
blessings  of  liberty  to  ourselves  and  our  posterity." 

In  this  view  of  government  the  foundation  principle 
would  be,  that  the  government  has  the  right  and  is 
charged  with  the  duty  to  promote  the  public  welfare, 
by  all  legitimate  measures  in  which  that  welfare  can  be 
better  secured  by  the  government  than  by  individual, 
private  enterprise. 

SUMMARY.  —  Let  us  then  summarize  the  great  duties 
of  the  government.  They  may  be  stated  as  follows  :  (i) 
To  provide  for  the  common  defence  against  foreign 
nations,  (2)  To  secure  the  people  under  the  government 
against  domestic  violence  and  personal  injustice,  (3)  To 
promote  the  general  welfare  of  the  people  by  carrying 
on  all  those  great  enterprises  which  are  necessary,  and 
which  reason  and  experience  show  can  be  better  carried 
on  by  the  government  than  by  private  means.  Under 
this  head  we  have  found  the  town  government  main- 
taining schools  and  building  highways.  We  shall  here- 
after find  that  our  national  government  establishes  and 
maintains  post-offices,  by  which  correspondence  can 
be  conducted  and  printed  information  disseminated 
throughout  the  whole  country,  easily,  promptly,  and 
at  slight  expense. 

The  national  government  also  maintains  a  light-house 
system  for  the  general  advantage  and  protection  of  com- 
merce. It  spends  a  large  amount  of  money  each  year 
for  the  protection  and  improvement  of  harbors  and 
rivers,  also  in  the  interests  of  commerce.  It  provides 
for  broad  and  careful  scientific  observations,  in  order  to 
secure  those  advantages  which  accrue  from  a  better 


THE  OBJECTS  OF  GOVERNMENT.  13 

knowledge  of  geography,  astronomy,  and  the  laws  of 
physics,  chemistry,  meteorology,  etc.,  etc. 

The  government  surveys  public  lands  and  attends  to 
the  recording  of  deeds,  which  are  the  evidence  of  owner- 
ship in  lands.  We  shall  find  that  some  of  these  matters 
are  left  to  the  national  government,  others  to  the  state 
government,  and  yet  others  are  managed  by  the  county, 
and  the  city  and  town  governments. 

Some  persons  are  of  the  opinion  that  it  would  be 
wiser  to  leave  the  post-offices,  roads,  light-houses,  public 
education,  and  all  matters  of  this  kind  to  private  enter- 
prise. Such  a  movement,  however,  would  result  in  dis- 
astrous failure.  Many  persons,  on  the  other  hand,  are 
strongly  of  the  opinion  that,  before  many  years,  the 
government  will  find  itself  under  obligation,  in  promot- 
ing the  public  good,  to  assume  the  control  of  the  rail- 
roads of  the  country,  telegraph,  and  telephone  lines, 
and  the  work  of  the  express  companies.  Undoubtedly 
the  true  rule  which  should  govern  in  this  matter  is  this : 
whatever  the  people  in  their  individual  capacity  can  do 
as  well  should  be  left  in  their  hands.  Whatever  the 
public  good  requires  that  the  government  should  un- 
dertake should  be  committed  to  the  government. 

The  motto  should  be,  "the  best  means  to  promote  the 
greatest  good  to  the  greatest  number."  The  ends  to 
be  sought  are  the  most  healthy  development,  the  great- 
est good,  the  highest  and  largest  happiness  to  the  whole 
people.  These  are  the  functions  of  government. 


CHAPTER   III. 

PUBLIC    SCHOOLS. 

To  promote  the  welfare  of  the  citizens  is  one  of  the 
proper  objects  of  government.  This  alone  would  be  a 
sufficient  warrant  for  the  establishment  of  a  system  of 
education  by  the  government,  but  our  American  plan 
of  public  schools  is  also  based  upon  the  fundamental 
principle  of  self-preservation.  It  is  an  absolute  neces- 
sity for  a  republican  government. 

The  perpetuity  of  a  republic  depends  upon  the  intelli- 
gence and  virtue  of  the  people.  A  monarchy  may  best 
sustain  itself  by  keeping  the  people  in  ignorance.  Like 
the  soldier  in  the  army,  the  first  duty  of  a  subject  is  to 
obey.  Yet  it  has  been  found  that  intelligence  combined 
with  the  musket  and  the  bayonet  wins  the  battle.  In  a 
republic,  however,  which,  as  President  Lincoln  has  said, 
is  "  a  government  of  the  people,  for  the  people,  and  by 
the  people,"  it  is  absolutely  necessary  that  the  people, 
the  whole  people,  be  intelligent. 

EARLY  PUBLIC  SCHOOLS  IN  NEW  ENGLAND. — Rec- 
ognizing this,  the  founders  of  New  England  early  estab- 
lished the  principle,  that  the  property  of  the  state  should 
be  taxed  to  educate  the  children  of  the  state.  Hence 
public  schools  were  established  at  a  very  early  date  in 
the  New  England  colonies. 

SCHOOLS  AT  THE  WEST.  —  During  the  early  part  of 
this  century  large  numbers  of  emigrants  from  New 


PUBLIC  SCHOOLS.  15 

England  became  settlers  in  the  valley  of  the  Ohio  and 
the  upper  Mississippi.  These  pioneers  carried  with 
them  the  New  England  system  of  public  schools. 
They  were  greatly  aided  in  this  by  a  clause  in  the 
ordinance  of  1787,  which  was  passed  by  the  Conti- 
nental Congress  for  the  government  of  the  territory 
northwest  of  the  Ohio  river.  This  famous  ordinance 
provided  that  schools  and  the  cause  of  education  should 
forever  be  encouraged  in  this  territory. 

PUBLIC  LANDS  FOR  SCHOOL  PURPOSES.  —  When  the 
national  government  platted  the  public  lands,  the  ar- 
rangement was  made  for  cutting  up  the  territory  into 
townships,  each  township  being  six  miles  square.  The 
township  was  to  be  divided  into  sections,  each  section 
being  one  mile  square.  The  sections,  therefore,  were 
numbered  from  one  to  thirty-six.  In  pursuance  of  the 
policy  outlined  in  the  ordinance  of  1787,  Congress  set 
apart  the  i6th  and  36th  sections  in  each  township  for 
the  support  of  public  schools.  These  sections  were  sold, 
and  the  proceeds  turned  into  the  treasury  of  the  state. 
In  this  way  the  states  of  the  northwest  accumulated  a 
school  fund,  and  each  state  was,  therefore,  committed 
to  a  public-school  system.  Hence,  education  by  the 
state  became  an  established  principle  throughout  that 
section  of  our  country. 

SCHOOLS  OF  THE  SOUTH.  —  Since  the  civil  war,  which 
resulted  in  the  abolition  of  slavery,  the  Southern  states 
have  adopted  a  public-school  system.  Thus  the  cause 
of  education  has  progressed  until  every  state  in  the 
American  Union  has  an  established  system  of  free 
schools.  By  this  system  of  public  education  at  public 
expense  each  state  claims  the  right  to  tax  the  property 


j6  PUBLIC  SCHOOLS. 

in  the  state  for  the  support  of  the  schools,  and  also  the 
right  to  make  compulsory  laws  by  which  every  child  is 
obliged  to  attend  school  a  required  number  of  weeks 
each  year,  for  a  certain  number  of  years.  Some  states 
have  such  compulsory  laws,  among  the  provisions  of 
which  is  often  found  a  clause  which  prohibits  manufac- 
turers and  others  from  employing  children  between  the 
ages  of  ten  and  fourteen  or  fifteen  years,  who  have  not 
within  the  preceding  year  attended  school  for  a  certain 
number  of  weeks,  as  required  by  law.  These  schools, 
therefore,  are  state  schools. 

THE  NATIONAL  GOVERNMENT  AND  EDUCATION.  —  The 
national  government,  as  such,  is  not  committed  to  any 
general  system  of  education,  because  the  policy  of  the 
framers  of  our  constitution  was  to  leave  in  the  hands  of 
the  states  and  the  people  of  the  states  all  rights  and 
duties  which  did  not  seem  necessary  to  be  conferred 
upon  the  national  government. 

The  general  government  has,  however,  in  various  ways, 
committed  itself  to  the  aid  of  education.  In  addition  to 
setting  apart  the  i6th  and  36th  sections  of  each  town- 
ship  for  educational  purposes,  appropriations  of  land  in 
the  newer  states  have  been  made  for  state  universities. 
Fifty  years  ago  a  surplus  fund  of  about  thirty  millions  of 
dollars  had  accumulated  in  the  national  treasury.  This 
surplus  revenue  was  distributed,  by  an  act  of  Congress, 
among  the  states  then  existing.  Many  of  the  states  have 
set  apart  their  share  of  this  fund  for  school  purposes. 

GOVERNMENT  SCHOOLS.  —  The  government  has  main- 
tained, at  its  own  expense,  a  military  academy  at  West 
Point,  for  the  education  of  army  officers ;  a  naval  academy 
at  Annapolis,  to  educate  officers  for  the  navy ;  a  college 


PUBLIC  SCHOOLS.  1 7 

for  deaf-mutes  at  Washington  ;  a  school  for  instruction 
in  the  signal  service  at  Fort  Whipple,  Va.,  near  Wash- 
ington ;  and  Congress  has  from  time  to  time  during  later 
years  made  various  appropriations  for  the  education  of 
the  Indians.  It  has,  especially  of  late,  made  liberal  ap- 
propriations for  the  excellent  schools  for  the  Indian  youth 
now  maintained  at  Hampton,  Va. ;  Carlisle,  Penn. ;  Sa- 
lem, Ore. ;  Santa  Fe",  N.M.  ;  and  other  places.  It  has 
maintained  common  schools  at  various  military  posts,  and 
the  president  has  lately  established  a  system  of  education 
for  the  territory  of  Alaska. 

BUREAU  OF  EDUCATION.  —  In  1867  Congress  estab- 
lished, under  the  Department  of  the  Interior,  a  national 
Bureau  of  Education,  to  collect  and  publish  educational 
statistics  and  other  information  relating  to  educational 
matters,  and  to  be  the  central  medium  of  communication 
on  such  subjects  between  the  various  states  of  the  union, 
and  between  this  country  and  foreign  nations.  This 
bureau  has  proved  itself  of  great  educational  value  to 
this  country.  Yet,  as  has  been  intimated,  the  general 
work  of  education  must  be  under  the  direction  of  the 
states. 

STATE  SYSTEMS.  —  In  the  various  states  different 
systems  prevail. 

THE  TOWNSHIP  SYSTEM.  —  In  the  older  states,  where 
the  importance  of  the  town  as  a  unit  of  government  was 
magnified,  much  of  the  details  of  the  system,  together 
with  the  raising  of  a  large  part  of  the  necessary  funds  for 
maintaining  the  schools,  has  been  relegated  to  the  several 
towns.  In  the  newer  sections  of  the  country  these  older 
school  laws  have  been  modified,  and  a  more  systematic 
and  methodical  arrangement  has  been  made  by  each  state 


!g  PUBLIC  SCHOOLS. 

acting  as  a  whole.  Generally,  the  state  has  a  school 
fund,  or  raises  the  money  by  a  school  tax,  which  it  distrib- 
utes among  the  several  towns  or  counties  of  the  state 
for  the  maintenance  of  schools  regulated  and  governed 
in  accordance  with  the  state  school  laws.  Then  the 
towns  or  counties  make  additional  appropriations.  In 
a  few  states  the  township  is  divided  into  school  districts, 
each  district  being  a  corporation,  and  levying  a  tax  upon 
the  property  within  its  limits  for  the  support  of  the 
schools  in  addition  to  the  town  or  county  and  state  tax. 
By  far  the  best  system  is  that  in  which  each  town  or 
township  forms  but  one  school  district.  The  schools 
of  the  town  are  then  under  the  control  of  a  board  of 
directors,  or  school  committee,  or  trustees,  who  have  in 
charge  their  entire  management,  appointing  and  certifi- 
cating the  teachers,  making  contracts  with  them  for  their 
wages  or  salaries,  establishing  rules  for  the  government 
of  the  schools,  arranging  courses  of  study,  and  a  sys- 
tem of  promotions,  and  in  general,  exercising  entire  con- 
trol of  the  schools,  school-houses,  and  teachers. 

SUPERVISION.  — Within  the  last  few  years  a  system  of 
supervision  has  been  rapidly  growing  in  public  favor. 
So  that  we  now  have  a  state  superintendent  of  public 
instruction  in  every  state  of  the  union,  in  many  states 
county  superintendents,  and  in  most  of  our  cities  and 
large  towns  a  city  or  town  superintendent. 

STATE  SUPERINTENDENT.  —  It  is  the  duty  of  the  state 
superintendent  to  collect  information  relating  to  the 
schools  of  the  commonwealth,  the  number  of  teachers, 
the  number  of  children,  the  amount  of  money  expended, 
and  other  important  matters  concerning  the  school  sys- 
tem and  its  proper  operation.  It  is  his  duty  to  report 


PUBLIC  SCHOOLS.  ig 

to  the  legislature,  usually  at  every  session,  the  informa- 
tion which  he  has  collected,  and  to  suggest  improvements 
in  the  management  of  the  schools. 

COUNTY  SUPERINTENDENTS.  —  More  than  one-half  of 
the  states  have  officers  called  "  County  Superinten- 
dents," "County  School  Commissioners,"  or  "County 
Examiners."  In  most  cases  these  officers  are  elected 
by  the  people  for  a  term  varying  from  two  to  four  years. 
They  examine  and  license  teachers,  visit  and  inspect 
schools,  hold  teachers'  meetings  or  institutes,  make 
reports  to  the  state  superintendent  and  to  the  county 
school  boards.  In  some  states  they  decide  appeals  and 
disputes  arising  under  the  school  law,  and  in  some  cases 
disburse  the  school  revenue.  The  appointment  of 
teachers,  however,  belongs  to  the  local  school  boards. 
The  "county  superintendent  "  is  a  valuable  factor  in  the 
work  of  public  education. 

CITY  AND  TOWN  SUPERINTENDENTS.  —  More  spe- 
cific duties  are  assigned  to  the  city  and  town  superin- 
tendents than  to  those  of  the  county  and  state.  These 
officers  are  charged  with  the  general  conduct  of  the 
schools,  their  management,  gradation,  courses  of  study, 
etc.,  usually  under  the  direction  of  the  school  commit- 
tee or  board  of  directors,  or,  as  it  is  called  in  many 
states,  a  board  of  education. 

GRADATION  OF  SCHOOLS.  —  Our  system  of  public 
schools  is  graded  as  follows  :  (i)  primary  schools,  for  the 
youngest  pupils  ;  (2)  grammar  schools,  for  those  from 
nine  or  ten  years  of  age  to  perhaps  fourteen  years, 
where  are  taught  the  ordinary  English  branches,  partic- 
ularly arithmetic,  geography,  grammar,  and  the  history 
of  our  own  country ;  and  (3)  high  schools,  where  studies 


20  PUBLIC  SCHOOLS. 

are  pursued  necessary  for  a  good  business  education,  or 
to  prepare  the  pupil  for  the  college,  the  school  of  tech- 
nology, or  the  professional  school.  In  some  states  (4)  the 
state  university  crowns  this  system.  Most  of  the  states 
have  in  addition  to  the  schools  already  mentioned,  (5) 
normal  schools  for  the  training  of  teachers.  It  is  evi- 
dent that  if  the  state  should  furnish  education  to 
its  citizens,  it  ought  to  provide  suitable  instructors. 
Hence,  as  a  matter  of  necessity,  normal  schools  should 
be  maintained  everywhere  to  train  properly  those  who 
should  teach  in  the  public  schools.  This,  in  brief,  is 
our  American  system  of  public  school  education. 

CHURCH  AND  STATE.  —  In  our  republic  the  church 
and  the  state  are  separated.  There  is  no  state  church, 
and  no  preference  must  be  given  by  the  government  to 
one  religious  denomination  over  another.  Consequently, 
the  distinctly  religious  or  theological  education  which 
in  the  early  times  characterized  the  schools  of  New 
England,  is  inconsistent  with  our  republican  institu- 
tions ;  but  the  necessity  for  virtue  and  an  upright  life 
in  the  republic  is  greater  than  the  need  of  intelligence. 
Hence  our  public  schools  everywhere  should  inculcate 
the  purest  principles  of  morality,  and  as  morality  must 
be  based  upon  the  sanctions  of  religion,  and  that  re' 
sponsibility  for  human  action  which  comes  from  the 
recognition  of  God  and  our  responsibility  to  him,  so 
religion  without  sectarianism  should  characterize  the 
teaching  and  the  atmosphere  of  all  schools  throughout 
the  country. 


CHAPTER   IV. 

TAXATION. 

IT  follows  from  necessity  that  government,  whether  of 
town,  state,  or  nation,  has  the  right  to  raise  the  necessary 
funds  to  carry  on  all  the  functions  of  the  government. 

The  different  officers  of  the  state,  county,  and  town 
must  be  paid  salaries.  Public  buildings,  such  as  the 
capitol  at  Washington,  the  buildings  for  the  different 
departments,  state,  treasury,  war,  etc.,  patent-office, 
general  post-office,  custom-houses,  light-houses,  and 
post-offices  throughout  the  country,  by  the  national 
government ;  state-houses,  court-houses,  jails,  by  the  state 
government ;  town-houses,  school-houses,  etc.,  by  the  town 
government ;  all  these  and  others  are  to  be  built  and 
paid  for.  The  money  which  is  needed  for  the  expense 
of  the  government  is  raised  by  taxation. 

This  tax  is  a  sum  of  money  which  the  government 
demands  from  the  individual  or  from  his  property  to 
pay  for  the  uses  of  government.  The  government  pro- 
tects him  in  his  rights,  protects  his  property,  and  often 
advances  its  value  by  public  improvements.  Thus  gov- 
ernment has  the  right  to  levy  a  tax  upon  him  and  his 
property. 

The  tax  necessary  for  the  support  of  the  national 
government  is  usually,  in  times  of  peace,  when  there 
are  no  extraordinary  expenses,  raised  by  what  is  called 
indirect  taxation.  During  most  of  the  period  of  our 


32  TAXATION'. 

national  history  the  entire  expense  of  our  government, 
or  nearly  so,  has  been  paid  by  duties  upon  manufac- 
tured goods  imported  from  foreign  countries.  The 
greater  part  of  our  direct  taxes,  therefore,  are  levied  by 
the  state  and  the  town.  Some  states  levy  a  tax  upon 
all  male  citizens  over  twenty-one  years  of  age,  others 
upon  all  voters.  This  is  called  a  poll  tax.  The  state 
and  the  town,  however,  rely  principally  upon  money 
raised  by  tax  upon  property.  This  is  called  property  tax. 

VALUATION  OF  PROPERTY.  —  For  the  proper  appor- 
tionment of  this  tax,  it  is  necessary  that  all  property  in 
the  town  should  have  a  proper  valuation  placed  upon  it. 
Hence  the  town  appoints  assessors,  whose  duty  it  is  to 
make  a  list  of  all  tax-payers,  and  of  all  taxable  property 
in  the  town.  They  are  required  to  estimate  the  true 
value  of  every  piece  of  property  liable  to  taxation.  It 
is  customary  to  fix  this  valuation  at  an  amount  some- 
what lower  than  the  full  market  value  of  the  prop- 
erty. In  this  respect  great  differences  are  found  in 
different  parts  of  the  country,  and  sometimes  in  towns 
and  cities  near  to  each  other.  In  some  places  the  taxa- 
ble valuation  is  placed  at  the.  full  market  value,  or  even 
at  a  higher  sum  than  the  property  would  bring  if  sold. 
In  other  places  the  custom  is  to  fix  the  valuation  at 
such  a  sum  as  the  assessors  suppose  the  property  would 
bring  if  sold  at  a  forced  sale  in  times  of  financial  de- 
pression. 

It  makes  little  difference  to  the  tax-payer  whether  the 
valuation  is  high  or  low.  A  definite  amount  of  money 
is  to  be  raised,  and  if  the  valuation  is  high,  the  rate  of 
taxation  will  be  lower.  If  the  valuation  is  on  a  low 
scale,  the  rate  of  taxation  will  be  higher.  It  is,  how- 


TAXATION.  23 

ever,  important  to  any  individual  tax-payer  that  the  val- 
uation of  his  property  shall  be  neither  higher  nor  lower 
than  that  of  others. 

Each  town,  in  this  way,  through  its  assessors,  deter- 
mines the  valuation  of  all  the  property  in  the  town  which 
is  subject  to  taxation.  In  many  states  where  county 
taxes  are  levied,  it  is  found  necessary  to  have  a  county 
board  of  assessors,  who  receive  the  tax  lists  from  the 
assessors  of  the  several  towns  and  cities  within  the 
county,  and  if,  in  their  judgment,  the  valuation  in  one 
town  is  higher  than  in  another,  it  is  their  duty  to  equal- 
ize the  assessments,  and  to  make  such  changes  as  jus- 
tice seems  to  demand. 

For  the  state  tax  there  is,  in  many  states,  a  state 
board  of  equalization.  This  board  receives  the  lists 
from  all  the  counties  and  makes  the  necessary  estimates 
for  the  equitable  adjustment  of  taxes  throughout  the 
state. 

LEVYING  OF  TAXES.  — When  the  assessors  of  a  town 
have  placed  the  valuation  upon  all  the  property  of  the 
town,  the  next  thing  is  to  determine  the  rate  of  taxa- 
tion. First,  the  amount  of  money  to  be  raised  by  the 
town  for  all  purposes  is  fixed ;  second,  from  this  sum 
the  amount  of  the  poll  tax  is  subtracted,  and  the  re- 
mainder is  the  sum  necessary  to  be  raised  by  the  prop- 
erty tax.  If  this  sum  be  divided  by  the  total  valuation 
of  the  property  of  the  town,  the  quotient  is  the  rate  of 
taxation ;  that  is,  the  sum  to  be  raised  on  each  dollar  of 
property.  In  small  towns  with  no  fire  department,  no 
police,  and  in  all  respects  a  small  expenditure  needful, 
the  rate  of  taxation  is  sometimes  as  low  as  two  mills  on 
one  dollar,  or  perhaps  less.  This  rate  would  make 


24  TAXATION-. 

twenty  cents  on  one  hundred  dollars,  or  two  dollars  on 
each  thousand  dollars  of  property.  In  large  towns  and 
cities  the  rate  of  taxation  is  often  as  high  as  two  per 
cent,  or  twenty  dollars  on  a  thousand  :  possibly  in  some 
instances  it  is  much  higher  than  this  rate. 

COLLECTION  OF  TAXES.  —  In  the  older  states,  and  in 
some  of  the  newer  ones,  the  custom  prevails  for  all 
taxes,  town,  county,  and  state,  to  be  collected  by  the  tax- 
collectors  of  the  town.  In  other  cases  the  county 
system  prevails,  and  the  county  collector  receives  the 
assessors'  lists  for  the  entire  county  and  makes  collec- 
tions of  the  taxes. 

The  law  fixes  the  time  of  payment  of  taxes.  If  one 
neglects  to  make  payment  within  the  specified  time,  a 
fine  or  penalty  is  added.  If  the  person  is  still  delin- 
quent, after  a  further  specified  time  the  property  is  sold 
at  auction.  The  government  thus  collects  enough 
money  to  pay  the  tax  and  expenses,  and  gives  a  tax 
title  to  the  purchaser.  The  former  owner  has  a  speci- 
fied time  in  which  to  redeem  his  property,  by  payment 
of  the  tax  and  all  costs. 

TREASURER  AND  AUDITOR.  —  The  collector  pays  over 
the  money  collected  as  taxes  to  the  treasurer,  whether 
town  or  county,  and  takes  a  receipt  from  that  officer  for 
the  amount  paid.  The  treasurer  is  required  to  give 
bonds  for  the  faithful  performance  of  his  duties. 

It  is  customary  for  the  town,  county,  or  state  to  have 
an  officer  called  an  auditor,  whose  duty  it  is  to  audit 
every  bill  presented  for  payment,  before  the  treasurer  is 
permitted  by  law  to  pay  it.  The  treasurer's  final  ac- 
count must  therefore  correspond  with  the  final  account 
rendered  by  the  auditor. 


TAXATION.  25 

EXEMPTIONS.  —  Many  of  the  states  have  passed  what 
are  termed  exemption  laws,  specifying  certain  kinds  of 
property  which  shall  not  be  deemed  taxable.  In  levying 
taxes,  therefore,  the  assessors  make  up  their  lists  from 
taxable  property  only.  In  general,  the  states  exempt 
from  taxation  some  portion  of  one's  personal  property, 
particularly  the  tools  and  utensils  of  laborers.  In  most 
states  institutions  of  learning  and  charitable  institutions 
are  exempt  from  taxation.  In  some  states  church 
property,  like  meeting-houses  and  parsonages,  are  ex- 
empt from  taxation.  It  will  readily  be  seen  that  a  very 
large  part  of  the  taxes  must  be  collected  from  real 
estate.  Whenever  the  town  collector  is  charged  with 
collecting  the  state  tax  and  county  tax,  as  well  as  the 
town  tax,  these  three  sums,  which  are  to  be  found  on 
three  separate  tax  lists,  are  to  be  added  together,  and 
the  collector  receives  from  the  tax-payer  the  amount 
needed  to  pay  the  town  expenses,  the  proper  share  of 
the  county  expenses,  and  a  relative  portion  of  the  state 
expenses.  As  a  matter  of  fact,  the  state  tax,  in  our 
country,  is  usually  much  less  than  the  town  tax  or  the 
county  tax. 


Of    THE 

UNIVERSITY 


CHAPTER  V. 

TOWN,    STATE,    AND    NATION. 

WE  have  considered,  very  briefly,  certain  fundamental 
facts  and  customs  concerning  our  town  or  city  govern- 
ments. Towns,  cities,  and  incorporated  villages  and  bur- 
oughs  are  called  municipalities.  Their  government  is 
distinguished  by  the  name  municipal  government. 

A  collection  of  towns  forms  a  county.  A  collection 
of  counties  is  included  in  a  state.  Our  union  of  states 
forms  a  national  or  federal  government.  We  have  con- 
sidered the  municipal  government  first  for  the  following 
reasons  :  in  the  first  place,  you  are  all  more  or  less  ac- 
quainted with  the  government  of  the  town  or  city  in 
which  you  live,  and  therefore  that  would  be  the  natural 
starting-point.  In  the  next  place,  the  individual  citizen 
comes  more  directly  in  contact  with  the  government  of 
the  town  than  of  the  state  or  nation. 

CONTACT  WITH  GOVERNMENT. — We  have  seen  that 
the  municipal  government  touches  us  first  of  all  by  way 
of  taxation,  then  in  connection  with  the  schools  and 
highways,  the  police  or  constables,  the  surveyor  of  lum- 
ber, the  measurer  of  wood,  etc.  We  come  in  contact 
with  the  government  of  the  county  and  the  state  less 
frequently.  We  vote  for  town  officers,  for  school  offi- 
cers, for  members  of  the  legislature,  and  for  governor. 
We  record  our  deeds  of  real  estate  at  the  county  seat. 
Our  courts  of  justice  are  held  in  the  counties. 

With  the  national   government  the  ordinary  citizen 


TOWN,  STATE,  AND  NATION.  2/ 

has  but  little  to  do.  In  common  life  we  touch  the 
national  government  almost  entirely  through  the  post- 
office.  The  machinery  of  the  national  government 
reaches  down  to  the  towns  scarcely  in  any  other  way 
than  through  the  post-office ;  but  in  order  properly  to 
understand  the  whole  subject  of  government,  its  rela- 
tions to  us  as  individuals,  our  relations  and  our  respon- 
sibilities to  it,  we  must  consider  the  national  govern- 
ment and  the  state  governments  as  well  as  matters  con- 
cerning the  towns. 

OUR  GOVERNMENT  PECULIAR.  —  Our  government  is  a 
peculiar  one.  It  has  been  called  "a  complicated  ma- 
chine." Our  national  constitution  differs  from  any  con- 
stitution ever  before  known  in  the  world.  Our  govern- 
ment is  not  purely  a  republic,  neither  is  it  a  league  of 
states.  Our  American  people  constitute  a  nation  with  a 
republican  government.  It  has  a  constitution  clearly 
denning  and  limiting  the  powers  and  duties  of  the  gov- 
ernment. This  constitution  is  the  supreme  law  of  the 
land.  We  have  also  state  governments. 

THE  NATION  AND  THE  STATE.  —  The  national  consti- 
tution embraces  under  its  authority  all  the  people  in 
every  section  of  the  entire  country. 

The  state  constitution  must  not  be  in  opposition  to 
the  national  constitution,  but  under  that  constitution  it 
includes  under  its  authority  all  the  people  in  all  sections 
of  the  state,  and  is  the  organic  law  for  the  state.  If 
our  government  were  merely  a  league  of  states,  we 
could  have  no  supreme  national  government.  On  the 
other  hand,  if  it  were  a  consolidated  republic,  the  na- 
tional constitution  would  be  sufficient,  and  there  could 
be  no  state  constitutions. 


28  TOWN,  STATE,  AND  NATION. 

In  one  view  we  are  a  single  people,  a  nation,  com- 
pletely and  absolutely,  just  as  truly  as  France  or 
England.  Again,  our  national  constitution  recognizes 
the  individual  states  with  their  powers  and  their  sepa- 
rate constitutions.  Each  state  is  not  a  sovereign  state, 
but  has  absolute  authority  within  certain  limits,  yielding 
supremacy  to  the  national  government  in  all  points  cov- 
ered by  the  national  constitution. 

ORIGIN  OF  THE  STATES  AND  THE  NATION. — Originally 
there  were  thirteen  states  united  in  our  national  gov- 
ernment. The  nation  did  not  precede  the  states,  nor 
did  the  states  precede  the  nation.  Thirteen  English 
colonies  subject  to  the  government  of  Great  Britain 
complained  to  the  mother  country  of  certain  grievances. 
In  prosecuting  these  complaints,  the  colonies  appointed 
delegates  to  an  American  Congress.  The  grievances 
were  not  abated.  The  delegates  to  the  Continental 
Congress  adopted  what  was  called  a  "Declaration  of 
Independence."  By  this  declaration  these  thirteen  col- 
onies ceased  to  be  colonies  of  the  mother  country,  and 
became  states  at  once,  states  of  the  American  Republic, 
consisting  of  a  union  of  these  states.  The  republic  with 
its  national  organization  commenced  July  4,  1776.  The 
states  ceased  to  be  colonies  and  became  states  July  4, 
1776.  Then  the  nation  began,  then  the  life  of  the  states 
as  states  commenced. 

It  will  be  necessary,  therefore,  in  order  to  understand 
the  nature  of  our  national  government,  thus  briefly  out- 
lined, to  consider  with  some  care  the  principal  events  of 
history  which  lead  up  to  the  beginning  of  this  nation, 


CHAPTER  VI. 

THE    COLONIAL    HISTORY. 

AFTER  the  discovery  of  America  by  Columbus,  the 
leading  nations  of  Europe  contended  for  the  possession 
of  the  new  world.  Each  claimed  for  itself,  by  right  of 
discovery,  sole  right  and  title  to  vast  sections  of  North 
America,  along  the  coast  of  which  their  explorers  and 
navigators  had  sailed. 

FRENCH  SETTLEMENTS.  —  In  process  of  time  settle- 
ments were  made  here  and  there  along  this  coast.  The 
French  were  the  first  settlers  in  Canada,  and  hence  they 
claimed  the  entire  valley  of  the  St.  Lawrence  river. 
From  Canada  their  explorers,  particularly  the  priests  of 
the  Roman  Catholic  Church,  pushed  out  westward, 
crossed  the  great  lakes,  floated  down  the  Ohio  and  the 
Mississippi,  and  finally  France  took  possession  of  the 
entire  valley  of  the  Mississippi  river.  The  French, 
therefore,  held  these  two  great  valleys. 

SPANISH  SETTLEMENTS.  —  Spain  confined  her  opera- 
tions to  the  warmer  latitudes,  made  settlements  and  laid 
claim  to  Florida,  Mexico,  and  Central  America.  At 
one  time  it  seemed  as  though  the  great  contest  for 
supremacy  on  this  continent  would  be  fought  out  be- 
tween France  and  Spain,  and  that  either  one  or  the 
other  would  dominate  the  continent. 

BRITISH  COLONIES.  —  Great  Britain  sent  over  a  few 
feeble  colonists.  These  settled,  at  first,  in  Virginia  and 


30  THE  COLONIAL  HISTORY. 

Massachusetts.  Other  settlements  followed.  In  pro- 
cess of  time  England  obtained  possession  of  the  country 
along  the  coast  from  Maine  to  Georgia,  laying  claim, 
wherever  there  was  no  other  well  authenticated  title,  to 
the  entire  region  westward  to  "The  Great  South  Seas." 
Prior  to  the  middle  of  the  last  century  the  English 
colonies  were  so  weak,  few  in  numbers,  and  occupied 
so  small  a  portion  of  the  territory  of  the  continent,  that 
one  might  well  prophesy  their  total  extinction  at  no  dis- 
tant day.  The  tide,  however,  was  turned  by  the  contest 
between  Great  Britain  and  France,  which  took  place 
between  1756  and  1763.  This  was  the  war  familiarly 
known  to  us  as  the  French  and  Indian  War.  It  was  a 
sharp  and  bloody  contest  between  Great  Britain  and  her 
American  colonies  on  the  one  side,  and  France  with  her 
colonies  and  friendly  Indian  tribes  on  the  other.  This 
culminated  in  the  battle  of  Quebec,  in  September, 

1759- 

THE  BATTLE  OF  QUEBEC.  —  The  British  general, 
Wolfe,  under  cover  of  the  darkness  of  the  night,  pushed 
his  army  of  less  than  five  thousand  men  by  a  circuitous 
route  up  the  precipitous  bluff  that  frowns  upon  the  great 
river,  and  fought,  on  the  Plains  of  Abraham,  the  battle 
which  was  to  decide  the  fate  of  North  America. 

The  brave  general  in  command  of  the  French,  Mont- 
calm,  received  the  attack,  and  with  bold  impetuosity 
moved  his  troops  forward  in  the  vain  endeavor  to  flank 
the  British  and  drive  them  back  down  the  bluff  to  the 
river.  In  the  severe  contest  which  followed  this  move- 
ment, Wolfe,  first  shot  in  the  wrist,  received  a  second 
ball,  and  then  was  struck  by  a  third  in  the  breast,  which 
gave  him  his  mortal  wound.  He  died  in  the  moment 


THE  COLONIAL  HteTORY.  $i 

of  victory.  He,  who  four  days  before  had  looked  upon 
death  with  dismay,  now  said  exultantly,  "  God  be  praised, 
I  die  in  peace."  Montcalm,  also  fighting  at  the  head  of 
his  troops,  was  wounded  again  and  again,  and  finally, 
when  his  forces  gave  way  and  were  running  before  the 
English  bayonets,  in  attempting  to  rally  a  body  of  Cana- 
dian troops,  he  fell  mortally  wounded.  Bravely  he  died. 
Among  his  last  words  were  the  following :  "  How  long 
shall  I  survive  ? "  "  Ten  or  twelve  hours  ;  perhaps  less," 
said  the  surgeon.  "  So  much  the  better;  I  shall  not  live 
to  see  the  surrender  of  Quebec." 

With  the  fall  of  Quebec  fell  the  power  of  France  in 
America. 

RESULTS  OF  THE  WAR.  —  The  English  were  furiously 
imperious.  They  were  drunk  with  success.  They  dic- 
tated severe  and  humiliating  terms  to  France.  The 
French  were  in  no  condition  to  abase  their  pride. 
France  yielded  to  necessity,  and  on  the  third  of  No- 
vember the  preliminaries  of  the  peace  were  signed. 
The  treaty  was  finally  ratified  on  the  tenth  of  February, 
1763.  By  this  treaty  the  following  transfers  were  made 
of  the  territory  of  North  America.  England  received 
a  clear  title  to  Canada,  Acadia,  Cape  Breton  and  its 
.dependent  islands,  and  all  the  country  north  of  these 
provinces,  several  of  the  West  India  islands,  the  Span- 
ish provinces  of  East  and  West  Florida,  and  extended 
the  boundaries  of  her  colonies  along  the  Atlantic  coast 
westward  to  the  Mississippi. 

To  Spain  was  ceded  New  Orleans  and  the  great  prov- 
ince of  Louisiana,  which  extended  from  the  Gulf  of 
Mexico  northward  to  the  Lake  of  the  Woods,  and  west- 
ward from  the  Mississippi  to  the  summit  of  the  Rocky 


32  THE  COLONIAL  HISTORY. 

Mountains.  France,  therefore,  lost  in  this  single  con- 
test  every  vestige  of  her  power  in  North  America.  Not 
a  foot  of  soil  remained  to  her,  only  the  two  little  islands 
of  St.  Pierre  and  Miquelon  out  in  the  Atlantic,  as  a  shel- 
ter for  her  fishermen. 

IMPORTANCE  OF  THIS  TREATY  TO  NORTH  AMERICA. — 
The  importance  of  this  treaty  to  the  future  of  North 
America  can  scarcely  be  overestimated.  The  contest 
itself  was  in  reality  for  supremacy  in  North  America. 
It  was  a  contest  of  race,  of  laws,  of  manners  and  cus- 
toms, of  language  and  of  religion.  Had  the  French 
conquered,  in  all  human  probability  North  America 
would  have  been  French  to-day,  with  her  language,  her 
people,  her  customs,  her  laws,  her  religion.  On  the 
contrary,  as  England  conquered,  the  continent  was 
destined  to  become  English,  a  free  country ;  liberty  as 
its  watchword,  and  progress  and  prosperity  the  result. 
This  was  the  supreme  moment  in  the  history  of  North 
America. 

THE  DRIFT  TOWARDS  INDEPENDENCE. — The  most 
sagacious  men  of  the  time  at  once  began  to  foresee  a 
contest  between  the  colonies  and  the  home  government. 
As  early  as  1760  Calvert,  the  secretary  of  Maryland, 
wrote  as  follows  :  "  It  has  been  hinted  to  me,  that  at  the 
peace,  acts  of  parliament  will  be  moved  for  amendment 
of  government  and  a  standing  force  in  America,  and 
that  the  colonies  for  whose  protection  the  force  will  be 
established,  must  bear  at  least  the  greatest  share  of 
the  charge.  This  will  occasion  a  tax." 

Pratt,  the  attorney-general,  but  known  in  America  as 
Lord  Camden,  is  reported  to  have  said  to  Benjamin 
Franklin :  "  For  all  that  you  Americans  say  of  your 


THE  COLONIAL  HISTORY.  33 

loyalty,  and  notwithstanding  your  boasted  affection, 
you  will  one  day  set  up  for  independence."  Franklin 
in  all  honesty  replied  :  "  No  such  idea  is  entertained  by 
the  Americans  or  ever  will  be,  unless  you  grossly  abuse 
them."  To  this  Pratt  replied  :  "Very  true.  That  I  see 
will  happen  and  will  produce  the  event." 

Count  de  Vergennes,  one  of  the  most  sagacious  and 
wise  statesmen  that  France  ever  produced,  then  the 
French  ambassador  at  Constantinople,  when  he  heard 
the  conditions  of  the  treaty,  said  to  a  British  traveller, 
and  afterward  himself  recalled  the  prediction  to  the 
notice  of  the  British  ministry:  "The  consequences  of 
the  entire  cession  of  Canada  are  obvious.  I  am  per- 
suaded England  will  ere  long  repent  having  removed 
the  only  check  that  could  keep  her  colonies  in  awe. 
They  stand  no  longer  in  need  of  her  protection.  She 
will  call  upon  them  to  contribute  towards  supporting 
the  burdens  they  have  helped  to  bring  on  her ;  and  they 
will  answer  by  striking  off  all  dependence."  These 
predictions  of  the  French  statesman  are  worthy  a  place 
beside  some  of  those  remarkable  prophesies  attributed 
to  Napoleon  the  First. 

England  confidently  expected,  as  a  result  of  this  war, 
a  boundless  increase  of  her  wealth. 

A  month  before  the  treaty  was  ratified,  what  had  long 
been  resolved  upon  was  publicly  avowed :  "  That  the 
standing  army  of  twenty  battalions  was  to  be  kept  up 
in  America  after  the  peace,  and  that  the  expense  was 
to  be  defrayed  by  the  colonists  themselves."  But  Eng- 
land was  to  be  disappointed  in  the  result.  Bancroft, 
the  historian,  says  :  "  The  colonial  system,  being  founded 
on  injustice,  was  at  war  with  itself.  The  common  inter- 


34  THE  COLONIAL  HISTORY. 

est  of  the  great  maritime  powers  of  Europe  in  uphold- 
ing it  existed  no  more.  The  Seven  Years'  War,  which 
doubled  the  debt  of  England,  increasing  it  to  seven 
hundred  millions  of  dollars,  was  begun  by  her  for  the 
acquisition  of  the  Ohio  valley.  She  achieved  that  con- 
quest, but  not  for  herself.  Driven  out  from  its  share  in 
the  great  colonial  system,  France  was  swayed  by  its 
commercial  and  political  interests,  by  its  wounded  pride, 
and  by  that  enthusiasm  which  the  support  of  a  good 
cause  enkindles,  to  take  up  the  defence  of  the  freedom 
of  the  seas,  and  to  desire  the  enfranchisement  of  the 
English  plantations.  This  policy  was  well  devised  ;  and 
England  became  not  so  much  the  possessor  of  the 
valley  of  the  west,  as  the  trustee,  commissioned  to 
transfer  it  from  the  France  of  the  middle  ages  to  the 
free  people  who  were  making  for  humanity  a  new  life 
in  America." 

The  Anglo-Saxon  tongue,  spoken  by  a  large  part  of 
the  Teutonic  race,  with  its  strong  tendency  to  individ- 
uality and  freedom,  was  to  prevail  throughout  the  conti- 
nent. Not  only  so,  but  it  was  destined  to  spread  itself 
more  widely  and  to  exert  upon  the  destinies  of  mankind 
a  greater  influence  than  any  tongue  ever  heretofore 
spoken  by  the  human  race. 

Bancroft,  in  closing  the  second  volume  of  his  great 
history,  indulges  in  the  following  glowing  apostrophe  to 
this,  our  English  tongue  :  — 

"Go  forth,  then,  language  of  Milton  and  Hampden, 
language  of  my  country.  Take  possession  of  the  North 
American  continent.  Gladden  the  waste  places  with 
every  tone  that  has  been  rightly  struck  on  the  English 
lyre,  with  every  English  word  that  has  been  spoken 


THE  COLONIAL  HISTORY. 


35 


well  for  liberty  and  for  man.  Give  an  echo  to  the  now 
silent  and  solitary  mountains ;  gush  out  with  the  foun- 
tains, that  as  yet  sing  their  anthems  all  day  long  with- 
out repose  ;  fill  the  valleys  with  the  voices  of  love  in 
its  purity,  the  pledges  of  friendship  in  its  faithfulness  ; 
and  as  the  morning  sun  drinks  the  dewdrops  from  the 
flowers  all  the  way  from  the  dreary  Atlantic  to  the 
Peaceful  ocean,  meet  him  with  the  joyous  hum  of  the 
early  industry  of  freemen.  Utter  boldly  and  spread 
widely  through  the  world  the  thoughts  of  the  coming 
apostles  of  the  people's  liberty,  till  the  sound  that 
cheers  the  desert  shall  thrill  through  the  heart  of 
humanity,  and  the  lips  of  the  messenger  of  the  people's 
power,  as  he  stands  in  beauty  upon  the  mountains, 
shall  proclaim  the  renovating  tidings  of  equal  freedom 
for  the  race." 


CHAPTER  VII. 

THE    GERMS    OF    UNION. 

IT  should  be  remembered  that  the  English  colonies, 
which  were  stretched  along  the  Atlantic  coast,  had  but 
few  bonds  of  union.  They  were  colonies  of  the  same 
mother  country.  They  were  subject  to  the  laws  of 
Great  Britain.  They  were,  more  or  less,  according  to 
their  several  charters  and  grants,  under  the  control  of 
the  British  parliament ;  but  they  were  jealous  of  each 
other.  There  was  no  mutual  dependence  one  upon 
another.  Their  interests  were  diverse,  and  it  was  an 
exceedingly  difficult  matter  for  the  leaders  of  the  people 
to  foster  a  spirit  of  union  between  them.  When  that 
union  came,  it  came  not  from  the  leaders,  but  sponta- 
neously from  the  masses  of  the  people  themselves. 

Each  of  the  colonies  exercised  certain  powers  of  self- 
government,  but  none  claimed  independence  from  Eng- 
land. 

THE  FIRST  UNION.  — The  first  union  that  was  formed 
between  any  of  the  colonies  was  as  early  as  1643.  At 
that  time  the  Indians  were  threatening  the  white  set- 
tlers of  Connecticut  and  Massachusetts.  To  resist  the 
common  enemy  a  union  was  formed  between  the  colo- 
nies of  the  Massachusetts  Bay,  Plymouth,  Connecticut, 
and  New  Haven,  under  the  name  of  "The  United  Colo- 
nies of  New  England."  Another  object  of  this  union 
was  to  resist  the  claims  and  encroachments  of  the 


THE  GERMS  OF  UNION. 


37 


Dutch.  More  than  a  century  passed  before  there  was 
any  further  attempt  at  a  general  union  among  the  colo- 
nies. 

During  this  time  the  colonies  were  growing,  intro- 
ducing the  comforts  of  the  old  world,  and  carrying  on 
large  traffic  with  the  mother  country.  Though  suffering 
severely  from  the  several  Indian  wars  that  characterized 
this  period,  they  held  resolutely  apart  from  each  other, 
jealousies  and  alienations,  instead  of  common  interests 
and  friendships,  controlling  public  affairs.  Nevertheless, 
union  was  in  due  time  to  be  brought  about. 

THE  SECOND  ATTEMPT.  —  At  the  request  of  the 
"lords  commissioners  for  trade"  a  convention  was  held 
in  Albany,  in  June,  1754,  when  commissioners  from 
seven  of  the  colonies,  —  Massachusetts,  New  Hampshire, 
Rhode  Island,  Connecticut,  New  York,  Pennsylvania, 
and  Maryland  —  met  and  held  prolonged  sessions.  The 
object  of  this  convention,  as  designed  by  the  lords 
commissioners,  was  to  form  a  treaty  with  some  of  the 
Indian  tribes,  and  to  consider  the  best  means  for  de- 
fending America  against  France,  that  country  being 
then  on  the  eve  of  a  great  war,  which  we  have  already 
considered,  and  which  began  in  1756,  and  was  termi- 
nated by  the  famous  treaty  of  1763. 

After  due  consultation  the  commissioners  carried 
their  views  much  farther  than  had  been  intended  by 
the  British  government.  The  plan  of  union  was  pro- 
posed by  Dr.  Franklin,  who  was  a  member  of  the  con- 
vention, providing  for  a  confederation  of  all  the  colo- 
nies, with  a  council  to  be  chosen  triennially,  and  a 
president  to  be  appointed  by  the  crown.  The  president 
and  council  were  to  have  power  to  regulate  all  affairs 


38  THE  GERMS  OF  UNION. 

with  the  Indians,  to  control  settlements  on  lands  which 
should  be  purchased  from  the  Indians,  to  govern  such 
settlements,  to  raise  soldiers,  build  forts,  and  equip 
vessels  for  guarding  the  coast  and  protecting  the  trade. 
They  were  to  have  power  to  make  laws  for  the  execu- 
tion of  these  purposes,  and  to  levy  duties  and  taxes  as 
they  might  think  proper.  The  president  was  to  have 
the  veto  power  on  all  laws  and  acts  of  the  council,  and 
it  was  his  duty  to  see  that  the  laws  were  properly  exe- 
cuted. The  plan  never  went  into  operation.  It  was 
rejected  from  different  motives,  both  by  the  govern- 
ment of  the  colonies  and  by  the  home  government  at 
London. 

DIFFICULTIES. — The  difficulties  in  the  way  of  union 
were  so  serious  that  some  of  the  most  intelligent  men  of 
this  country  were  fully  persuaded  that  it  would  be  impos- 
sible to  reconcile  the  differences  of  the  colonies  so  as  to 
unite  them  in  a  common  confederacy.  Pitkin,  in  his 
history,  says  of  the  plan  adopted  by  this  convention  : 
"  It  had  the  singular  fate  of  being  rejected  in  England 
because  it  left  too  much  power  in  the  hands  of  the  colo- 
nists, and  of  being  disapproved  in  America  becr.use 
it  transferred  too  much  power  to  the  hands  of  the 
crown." 

Remember  that  this  convention  was  held  just  at  the 
beginning  of  the  war  with  France.  The  importance  of 
such  a  union  as  was  here  proposed  was  acknowledged  by 
all,  and  apparently  the  principal  benefit  which  followed 
from  the  convention  was,  that  it  made  the  idea  of  union 
familiar  to  our  colonial  ancestors,  so  that  after  the  close 
of  this  war,  when  the  English  parliament  began  to  exer- 
cise what  the  colonies  considered  unreasonable  authority 


THE  GERMS  OF  UNION. 


39 


over  them,  they  were  quite  ready  to  consult  together  on, 
the  means  of  defence ;  and  to  concert  measures  for  a 
general  resistance. 

THE  CONGRESS  OF  1765.  —  Hence  it  came  to  pass 
that  in  1765  a  congress  of  delegates  from  nine  of  the 
colonies  was  held  in  New  York.  The  immediate  cause 
of  this  congress  was  the  Stamp  Act,  which  had  passed 
the  British  parliament,  in  March  of  that  year.  Although 
the  colonists  vehemently  protested  against  the  right  of 
parliament  to  tax  them,  yet  that  body  fully  committed 
itself  to  the  policy  of  raising  a  revenue  from  the  colonies 
by  taxation.  They  passed  the  Stamp  Act,  which  required 
that  all  legal  documents  used  in  the  colonies,  in  order  to 
be  valid,  should  be  upon  stamped  paper  furnished  by  the 
British  government.  When  the  news  of  this  act  reached. 
America,  a  common  opposition  to  it  rose  to  fever  heat  at 
once  in  all  the  colonies.  The  colonial  assembly  of  Vir- 
ginia adopted  most  vigorous  resolutions.  These  resolu- 
tions were  moved  and  supported  by  the  fiery  eloquence 
of  the  celebrated  Patrick  Henry.  It  was  in  the  heat  of 
debate  prior  to  their  passage,  when  Henry  exclaimed  : 
"  Caesar  had  his  Brutus,  Charles  the  first  his  Cromwell 
and  George  the  Third  —  "  Here  he  was  interrupted  by 
the  speaker  and  others,  with  the  cry  of  "  Treason,  trea- 
son." Pausing  a  moment  and  coolly  turning  to  the 
speaker  and  fixing  his  eye  upon  him,  slowly  and  with  a 
low,  calm  voice  said  :  "may  profit  by  their  example.  If 
this  be  treason,  make  the  most  of  it." 

The  proposition  for  a  congress  to  meet  at  this  time 
was  made  by  Massachusetts,  whose  General  Court  voted 
that  it  was  desirable  that  a  congress  of  delegates  from 
all  the  colonies  should  be  held.  New  York  was  fixed 


40  THE  GERMS  OF  UNION. 

upon  as  the  place  of  meeting.  Massachusetts,  Rhode 
Island,  Connecticut,  New  York,  New  Jersey,  Pennsylva- 
nia, Delaware,  Maryland,  and  South  Carolina  elected 
commissioners.  Virginia,  North  Carolina,  and  Georgia 
were  not  represented,  the  governors  of  these  colonies 
having  refused  to  call  the  assemblies  together  to  appoint 
delegates.  New  Hampshire  thought  it  prudent  not  to 
send  delegates,  although  she  approved  the  plan. 

This  was  the  first  general  meeting  of  the  colonies  for 
the  purpose  of  considering  their  relations  to  the  mother 
country,  to  determine  their  rights  and  privileges,  and  to 
petition  for  redress  for  the  violation  of  these  rights  on 
the  part  of  the  home  government. 

In  their  declaration  of  rights  and  grievances  they 
•claimed  that  the  colonists  were  entitled  to  all  the  inhe- 
rent rights  and  liberties  of  subjects  within  the  kingdom 
of  Great  Britain  ;  "  that  it  is  inseparably  essential  to. 
the  freedom  of  the  people,  and  the  undoubted  right  of 
Englishmen,  that  no  tax  be  imposed  upon  them,  but  with 
their  own  consent,  given  personally  or  by  their  repre- 
sentatives." 

The  Stamp  Act  was  repealed,  but  the  British  ministers 
still  persisted  in  their  attempts  to  coerce  the  colonies ;  and 
the  duties  imposed  were  quite  as  obnoxious  as  the  Stamp 
Act  had  been.  They  now  determined  to  form  a  closer 
union  for  their  own  protection,  and  the  colonies  united 
in  sending  delegates  to  Philadelphia  with  the  general 
authority  "to  meet  and  consult  together  for  the  com- 
mon welfare." 

THE  FIRST  CONTINENTAL  CONGRESS. — This  was  the 
first  continental  congress.  It  was  proposed  by  Massa- 
chusetts, and  the  name  "  continental  congress  "  was  sug- 


THE  GERMS  OF  UNION.  4I 

gested  by  her.  On  the  5th  of  September,  1774,  dele- 
gates from  twelve  of  the  thirteen  colonies  assembled  at 
Philadelphia.  Georgia,  the  youngest  colony,  alone  was 
unrepresented.  Many  distinguished  men  were  members 
of  this  congress.  Among  them  were  John  Adams  and 
Samuel  Adams  of  Massachusetts,  Roger  Sherman  of 
Connecticut,  John  Jay  of  New  York,  George  Washing- 
ton, Peyton  Randolph,  Richard  Henry  Lee,  and  Patrick 
Henry  of  Virginia.  Randolph  was  chosen  president, 
and  the  congress  proceeded  to  business. 

The  first  resolution  adopted  was  one  which  subse- 
quently proved  of  great  importance.  It  provided  as  fol- 
lows :  "  That  in  determining  questions  in  this  congress 
each  colony  or  province  shall  have  one  vote."  This  rule 
of  equal  state  suffrage  remained  in  force  through  the 
entire  history  of  the  second  continental  congress,  and 
down  to  the  adoption  of  the  constitution  in  1789. 

ADDRESSES.  —  Their  session  was  short,  and  their  busi- 
ness quickly  dispatched.  They  adopted  an  address  to  the 
king,  one  to  the  people  of  Great  Britain,  another  to  the 
inhabitants  of  the  several  colonies,  and  another  to 
the  inhabitants  of  Quebec.  These  addresses  were  dig- 
nified, yet  bold  and  decided.  They  were  drawn  up  with 
such  consummate  ability,  that  Lord  Chatham  was  forced 
to  speak  of  them  in  terms  of  the  highest  admiration.  It 
was  the  confident  belief  of  the  majority  of  the  members 
of  this  congress,  that  the  measures  which  they  had 
adopted,  if  supported  by  the  American  people,  as 
indeed  they  were,  would  produce  a  wholesome  redress 
of  their  grievances.  In  this  view  they  were  disap- 
pointed. They  adjourned  after  recommending  that 
another  congress  should  convene  on  the  loth  of  May 


42  THE  GERMS  OF  UNION. 

of  the  next  year,  provided  that  a  redress  of  grievances 
was  not  previously  obtained. 

THE  SECOND  CONTINENTAL  CONGRESS. — The  breach 
between  England  and  the  colonies  became  wider.  Con- 
sequently, in  accordance  with  the  recommendation  of 
the  first  continental  congress,  delegates  were  appointed 
by  the  several  colonies,  who  met  in  Philadelphia  on  the 
loth  of  May,  1775.  As  in  the  first  congress,  some  of 
the  delegates  were  chosen  by  conventions,  and  some  by 
the  legislatures.  In  almost  every  instance  the  several 
colonies  appointed  the  same  delegates  that  had  served 
them  the  previous  year.  This  body  is  known  as  the 
second  continental  congress.  It  became  the  national 
government  of  this  people,  and  continued  its  sessions 
for  fourteen  years. 

The  colonies  are  now  upon  the  eve  of  the  great  revo- 
lutionary war.  They  have  convened  that  body  which 
brought  forth  the  declaration  of  independence,  and 
which  carried  on  the  war  to  a  happy  termination  in 
the  acknowledged  independence  of  the  United  States 
of  America. 

Before  proceeding  with  this  history,  let  us  retrace  our 
steps,  and  consider  more  particularly  the  condition  of 
the  colonies  previous  to  this  time,  with  special  reference 
to  their  forms  of  government. 


CHAPTER  VIII. 

THE    COLONIAL    GOVERNMENTS  I    THEIR   SPECIFIC    FORMS. 

THE  leading  nations  of  Europe,  at  an  early  date, 
undertook  voyages  of  discovery  in  North  America,  and 
fitted  out  colonies  to  settle  at  various  points  upon  the  new 
continent.  This  new  world,  but  vaguely  known,  was  then 
supposed  to  contain  mines  of  the  fabulous  wealth  and  to 
have  a  climate  of  such  a  wonderful  character  as  to  pro- 
long life  indefinitely.  The  Spanish,  particularly,  had 
heard  of  a  wonderful  fountain  in  this  fairy-land,  by 
bathing  in  which  one  could  renew  his  youth.  It  was 
supposed  that  the  natives  were  accustomed  to  wear  the 
most  costly  jewels,  and  that  the  very  sand  upon  the 
fields  and  upon  the  banks  of  the  rivers  sparkled  with 
gold.  Moreover,  the  hope  of  finding  a  short  passage  to 
the  East  Indies  stimulated  the  government  to  fit  out 
vessels  and  send  them  on  voyages  of  discovery. 

Spain,  at  this  time,  was  one  of  the  richest  and  most 
powerful  of  the  nations  of  Europe.  Her  conquests  in 
the  new  world  gave  her  great  riches,  and  so  increased 
her  power  as  to  make  the  other  governments  more  anx- 
ious, both  to  establish  colonies  and  to  find  a  western 
passage  to  India. 

Three  of  these  European  powers  put  forth  greater 
efforts  than  others,  and  as  we  have  already  seen,  vied 
with  each  other  for  supremacy  on  this  continent. 

SPAIN. — Within  the  present   limits  of  the    United 


44  THE  COLONIAL   GOVERNMENTS. 

States,  Spain  made  settlements  only  in  Florida,  New 
Mexico,  and  California.  She  sent  many  vessels  on 
voyages  of  discovery,  which  coasted  along  the  Pacific 
coast  from  Mexico  northward  as  far  as  latitude  50,  and 
the  oldest  permanent  settlement  in  our  country  was 
made  by  the  Spanish  at  St.  Augustine,  Fla.,  in  1565. 
This  nation  had  also  the  honor  of  establishing  the  sec- 
ond oldest  town,  Santa  Fe,  N.M.,  which  was  settled 
about  twenty  years  after  the  Spanish  had  established 
themselves  at  St.  Augustine. 

ENGLAND.  —  The  English  made  their  first  permanent 
settlement  on  a  little  island  in  the  York  river,  Virginia, 
in  1607. 

THE  FRENCH.  —  France  effected  permanent  settle- 
ments in  the  valley  of  the  St.  Lawrence,  and  held  the 
whole  valley  of  the  great  Mississippi  and  its  numerous 
and  important  tributaries. 

The  Dutch  established  themselves  at  New  York  in 
1613.  The  English  at  Plymouth,  Massachusetts,  in 
1620.  From  this  period  onward  English  settlements 
multiplied  at  various  points  along  the  coast,  between  the 
Spanish  settlements  in  Florida  and  the  French  in  Nova 
Scotia.  The  last  of  these  original  English  colonies  was 
established  at  Savannah,  Georgia,  in  1733. 

THIRTEEN  ENGLISH  COLONIES.  —  At  the  beginning  of 
the  Revolution  there  were  thirteen  colonies  along  this 
coast,  all  of  them  weak  and  feeble,  though  rapidly 
increasing  in  strength  and  power.  These  colonies  in 
order  of  their  settlements  were :  Virginia,  Massachusetts, 
New  Hampshire,  Connecticut,  Maryland,  Rhode  Island, 
New  York,  New  Jersey,  Pennsylvania,  Delaware,  North 
Carolina,  South  Carolina,  and  Georgia.  They  were  not 


THE  COLONIAL   GOVERNMENTS.  45 

all  settled  as  so  many  distinct  colonies,  but  various 
changes  had  taken  place  among  them.  Massachusetts, 
for  instance,  had  within  her  borders,  originally,  three 
distinct  colonies, —  (i)  the  colony  of  the  Bay,  (2)  Ply- 
mouth, and  (3)  the  province  of  Maine.  The  colony  upon 
the  Connecticut  river  and  the  colony  at  New  Haven  had 
united  under  one  government.  On  the  other  hand,  the 
Carolinas  had  divided.  What  was,  up  to  1/29,  one 
colony,  in  that  year  was  made  two,  assuming  the  names 
of  North  Carolina  and  South  Carolina.  Although  the 
Dutch  had  settled  in  New  York,  the  English  government 
never  recognized  their  claim  to  the  territory.  In  1664 
King  Charles  gave  his  brother,  the  Duke  of  York,  all 
the  territory  of  New  Netherlands,  as  the  settlement  was 
then  called,  and  the  surrounding  country.  The  royal 
commissioners,  who  had  been  sent  to  examine  the  charter 
governments  of  New  England,  were  directed  to  demand 
of  the  Dutch  the  surrender  of  their  territory.  No  resist- 
ance was  made,  and  the  New  Netherlands  thence  became 
an  English  colony,  called' New  York. 

Among  these  various  English  colonies  a  variety  of 
forms  of  government  prevailed.  The  colonies  all 
acknowledged  allegiance  to  the  mother  country,  but 
they  had  no  political  connection  with  one  another. 
Neither  was  there  a  cordial,  friendly  feeling  between 
them.  The  smaller  colonies  were  jealous  of  the  larger 
ones,  and  accused  them  of  being  domineering  and  over- 
bearing. 

THE  KINDS  OF  COLONIAL  GOVERNMENT.  —  Prior  to 
the  Revolution  these  colonial  governments  were  of  three 
kinds,  —  provincial,  proprietary,  and  charter. 

THE  PROVINCIAL  GOVERNMENTS.  —  At  the  outbreak  of 


46  THE  COLONIAL   GOVERNMENTS. 

the  Revolution  the  provincial  governments  were  those 
of  New  Hampshire,  New  York,  Virginia,  Georgia,  New 
Jersey,  North  Carolina,  and  South  Carolina.  The  colo- 
nies under  proprietary  governments  were  Pennsylvania, 
Maryland,  and  Delaware.  The  colonies  which  had  char- 
ter governments  were  Massachusetts,  Rhode  Island,  and 
Connecticut.  The  provincial  governments  were  called 
royal.  While  retaining  certain  powers  in  the  hands  of 
the  colony,  they  accorded  the  more  important  preroga- 
tives to  the  crown.  The  governor  and  the  council  were 
appointed  by  the  king,  and  the  legislature  was  composed 
of  two  houses,  the  upper  house  being  the  council,  and 
the  lower  house  being  elected  by  the  people.  This  legis- 
lature was  subordinate  to  the  royal  governor,  who  had 
the  right  of  veto  upon  all  its  proceedings,  and  could  pro- 
rogue or  dissolve  it ;  but  otherwise  the  legislature  might 
enact  laws,  which  must  not  be  contrary  to  the  laws  of 
England,  and  these  laws,  in  order  to  be  operative,  must 
be  approved  by  the  governor  and  ratified  by  the  crown. 

Courts  were  established  and  judges  and  other  officers 
appointed  by  the  royal  governor,  with  the  advice  and 
consent  of  his  royal  council.  In  these  governments 
it  will  readily  be  seen  that  the  people  were  accorded 
the  right  primarily  to  make  their  own  laws,  but  these 
laws  must  first  be  approved  by  the  royal  governor  and 
the  crown,  and  then  their  execution  was  entrusted  to 
the  governor  and  the  officers  appointed  by  him.  Con- 
sequently, the  people  in  reality  had  but  little  actual 
power  in  their  hands. 

PROPRIETARY  GOVERNMENTS.  —  In  the  proprietary 
government  the  people  held  similar  legislative  rights  and 
powers,  while  the  governors  were  appointed  by  the  pro- 


THE  COLONIAL   GOVERNMENTS. 


47 


prietors.  The  proprietors  thus  exercised  those  preroga- 
tives which  in  the  royal  governments  were  held  by  the 
crown. 

THE  CHARTER  GOVERNMENTS.  —  In  the  charter  gov- 
ernments the  power  more  largely  lay  in  the  hands  of  the 
people.  Not  only  were  members  of  the  legislature  elected 
by  the  people,  but  the  people  also  elected  their  governors. 
All  other  officers  were  either  elected  by  the  people  or 
appointed  by  the  governor,  or  the  governor  and  the 
council.  The  charter  granted  to  Massachusetts  by 
Charles  I.  was  very  liberal,  but  prior  to  the  Revolution 
the  powers  of  the  people  had  been  seriously  abridged. 
The  charters  of  Connecticut  and  Rhode  Island  were 
granted  as  early  as  1662  and  1663,  and  were  so  satisfac- 
tory to  the  people  that  they  retained  them  long  after 
they  had  become  states  of  the  American  union.  Con- 
necticut did  not  form  a  state  constitution  until  1818, 
and  Rhode  Island  was  governed  by  the  provisions  of  her 
charter  of  1663  down  to  the  year  1842  —  nearly  180 
years.  At  the  time  she  adopted  a  constitution,  her 
charter  was  the  oldest  written  constitution  that  was  in 
force  up  to  that  time  in  the  civilized  world. 

It  will  be  observed  that  all  of  the  colonies  exercised 
some  of  the  powers  of  government,  while  all  were  de- 
pendent more  or  less  upon  the  British  crown.  There 
were  in  these  governments  the  germs  of  popular  rights, 
the  seeds  from  which  in  due  time  sprang  the  republic. 
The  democratic  element,  which  was  first  manifested  in 
the  compact  agreed  to  in  the  cabin  of  the  Mayflower, 
had  expanded  and  continued  to  grow,  until  it  finally  be- 
came the  dominant  form  of  all  governmental  power  in 
this  country. 


CHAPTER  IX. 

THE  CONTINENTAL  CONGRESS. 

THE  continental  congress,  already  mentioned,  and 
which  is  sometimes  called  the  second  continental  con- 
gress, met  in  Philadelphia  on  the  loth  of  May,  1775. 
The  delegates  were  chosen  in  some  instances  by  the 
colonial  legislatures,  and  in  other  cases  by  conventions  of 
the  people.  Many  of  these  delegates  were  the  same  men 
who  had  met  the  previous  year,  in  the  first  continental  con- 
gress. Their  object  was  not  to  establish  a  new  govern- 
ment, and  they  had  no  design  and  but  little  thought  of 
independence.  They  hoped  by  united  action,  and  a  bold 
but  temperate  bearing,  to  exert  such  an  influence  upon 
parliament  as  to  obtain  a  redress  of  their  grievances. 
Before  they  had  assembled,  General  Gage,  in  command 
of  the  British  troops  at  Bqston,  had  commenced  open 
hostilities.  Massachusetts  sent  a  letter  to  congress  giv- 
ing an  account  of  the  battles  of  Lexington  and  Concord, 
and  requesting  the  advice  and  assistance  of  the  con- 
gress. The  journal  of  congress  shows  that  in  this  letter 
was  the  following  suggestion  :  "  With  the  greatest  def- 
erence we  beg  to  suggest  that  a  powerful  army  on  the 
side  of  America  is  considered  by  us  as  the  only  means 
left  to  stem  the  rapid  progress  of  a  tyrannical  ministry." 
The  congress  at  once  appreciated  the  urgency  of  the 
case,  and  felt  obliged  to  take  measures  to  put  the  coun- 
try in  a  state  of  defence,  and  so  practically  assume  con- 


THE  CONTINENTAL   CONGRESS. 


49 


trol  over  the  military  operations  of  the  colonies.  They 
organized  the  army,  and  appointed  a  commander-in- 
chief.  They  created  a  continental  currency  by  issuing 
bills  of  credit.  They  established  a  treasury  department 
and  a  post-office  department,  and  from  time  to  time 
adopted  regulations  concerning  commerce ;  in  fact,  they 
drifted,  apparently  without  design,  into  the  exercise  of 
sovereign  powers. 

THE  DECLARATION  OF  INDEPENDENCE. — The  mani- 
festoes which  the  first  continental  congress  put  forth, 
with  the  hope  that  a  redress  of  grievances  could  be  ob- 
tained, failed  to  produce  the  results  desired.  Although 
the  leaders  in  all  the  colonies  were  generally  averse  to 
independence,  firmly  supposing  that  their  difficulties 
with  the  mother  country  could  be  satisfactorily  ad- 
justed, yet  the  drift  was  inevitably  toward  a  separation. 
Early  in  the •  spring  of  1776  the  subject  began  to  be 
seriously  discussed  by  the  delegates  in  congress.  It  is 
believed  that  North  Carolina  was  the  first  to  propose 
separation  and  independency.  A  convention  in  that 
state  on  the  22d  of  April  authorized  their  delegates  in 
congress  "to  concur  with  those  in  the  other  colonies 
in  declaring  independency."  So  far  as  is  known,  this 
was  the  first  direct  public  act  of  any  colonial  assembly 
or  convention  in  favor  of  the  measure. 

On  the  4th  of  May,  1776,  the  legislature  of  Rhode 
Island  passed  an  act  abjuring  allegiance  to  the  British 
crown.  This  act  provides  that  in  all  commissions  of 
officers  and  legal  forms  and  processes  of  law,  "wher- 
ever the  name  and  authority  of  the  said  king  is  made 
use  of,  the  same  shall  be  omitted,  and  there  shall  be 
substituted  the  words :  '  The  governor  and  company  of 


50         THE  DECLARATION  OF  INDEPENDENCE. 

the  English  colony  of  Rhode  Island  and  Providence 
Plantations,' "  and  that  "the  courts  of  law  be  no  longer 
entitled  or  considered  as  the  king's  courts." 

May  15  the  convention  of  Virginia  instructed  their 
delegates  in  congress  to  propose  to  that  respectable 
body  to  declare  the  united  colonies  a  free  and  independ- 
ent state,  absolved  from  all  allegiance  or  dependence 
upon  the  crown  or  the  parliament  of  Great  Britain. 

Col.  Richard  Henry  Lee,  of  Virginia,  on  the  /th  of 
June,  submitted  to  the  congress  a  resolution,  "that 
the  united  colonies  are  and  ought  to  be  free  and  inde- 
pendent states,  that  they  are  absolved  from  all  alle- 
giance to  the  British  crown,  and  that  all  political  con- 
nection between  them  and  the  state  of  Great  Britain  is 
and  ought  to  be  dissolved." 

It  has  been  said  that  no  question  of  greater  magni- 
tude was  ever  presented  for  the  consideration  of  a  delib- 
erative body,  or  debated  with  more  energy,  eloquence, 
and  ability.  A  committee  was  appointed  to  draft  a 
declaration  of  independence.  This  committee  consisted 
of  the  foremost  men  of  that  day :  Thomas  Jefferson, 
John  Adams,  Benjamin  Franklin,  Roger  Sherman,  and 
Robert  R.  Livingston.  The  resolution  offered  by  Rich- 
ard Henry  Lee  was  adopted  by  congress  on  the  2d  of 
July,  and  on  the  4th  of  July  the  report  of  the  committee 
was  adopted.  This  remarkable  paper  received  the  unan- 
imous vote  of  the  congress.  It  was  written  by  Thomas 
Jefferson,  and  contains  these  burning  words  :  "  That  all 
men  are  created  equal ;  that  they  are  endowed  by  their 
Creator  with  certain  inalienable  rights ;  that  among 
these  are  life,  liberty,  and  the  pursuit  of  happiness ; 
that  to  secure  these  rights  governments  are  instituted 


THE  DECLARATION  OF  INDEPENDENCE.         5I 

among  men,  deriving  their  just  powers  from  the  consent 
of  the  governed."  After  reciting  in  full  the  specific 
acts  of  the  king,  which  were  considered  "injuries  and 
usurpations,  all  having  in  direct  object  the  establishment 
of  an  absolute  tyranny  over  these  states,"  the  declara- 
tion proceeds  to  say :  "  In  every  stage  of  these  oppres- 
sions we  have  petitioned  for  redress  in  the  most  humble 
terms.  Our  repeated  petitions  have  been  answered  only 
by  repeated  injury.  A  prince,  whose  character  is  thus 
marked  by  every  act  which  may  define  a  tyrant,  is  un- 
fit to  be  the  ruler  of  a  free  people."  They  concluded 
this  wonderful  document  in  these  words  :  "  We,  there- 
fore, the  representatives  of  the  United  States  of  Amer- 
ica, in  general  congress  assembled,  appealing  to  the 
Supreme  Judge  of  the  world  for  the  rectitude  of  our 
intentions,  do  in  the  name  and  by  the  authority  of  the 
good  people  of  these  colonies,  solemnly  publish  and 
declare  that  these  united  colonies  are,  and  of  right  ought 
to  be,  free  and  independent  states."  "For  the  support 
of  this  declaration,  with  a  firm  reliance  on  the  protec- 
tion of  Divine  Providence,  we  mutually  pledge  to  each 
other  our  lives,  our  fortune,  and  our  sacred  honor." 

This  declaration  by  congress  was  the  beginning  of 
the  nation.  It  was  not  the  work  of  states,  as  such ; 
but  of  a  congress  composed  of  delegates  from  all  the 
states.  These  delegates  represented  the  people,  and  it 
was,  therefore,  the  people  themselves  of  these  thirteen 
colonies  who  declared  themselves  independent  of  Great 
Britain.  They  were  no  longer  colonies ;  from  this  mo- 
ment they  were  states  :  so  that  it  is  true  that  the  nation 
and  the  states  began  their  existence  at  the  same  time. 
Whether  this  new  nation  could  maintain  its  independ- 


52         THE  DECLARATION  OF  INDEPENDENCE. 

ence,  or  whether  it  would  fail,  was  the  question  now 
submitted  to  the  arbitrament  of  war.  They  succeeded  : 
their  independence  was  acknowledged,  and  the  national 
existence  dates  from  this  declaration. 


CHAPTER  X. 

THE    ARTICLES    OF    CONFEDERATION. 

No  sooner  had  the  congress  determined  upon  inde- 
pendence, than  it  took  measures  to  determine  upon  a 
form  of  union  between  the  colonies,  and  the  establish- 
ment of  a  definite  plan  for  this  union.  On  the  nth  of 
June,  1776,  the  very  day  when  the  committee  was  ap- 
pointed for  drafting  a  declaration  of  independence, 
another  committee  was  also  appointed  to  draft  a  plan 
of  government.  A  month  later,  and  only  eight  days 
after  the  declaration  of  independence,  this  committee 
reported  a  plan  for  a  confederacy  which  consisted  of 
twenty  articles  called  "articles  of  confederation."  This 
draft  was  debated  and  amended  at  various  times,  but 
was  not  finally  adopted  by  the  congress,  until  Nov. 
15,  1777,  and  then  the  articles  did  not  go  into  effect 
until  the  following  July.  They  were  not  submitted  to 
the  people  of  the  several  states,  but  were  only  ratified 
by  the  delegates  in  congress.  The  delegates  from  New 
Jersey  did  not  ratify  the  articles  until  November,  1778  ; 
and  the  delegates  from  Delaware,  not  until  November, 
1779;  while  Maryland,  which  was  the  last  to  ratify, 
signed  the  articles  March  I,  1781.  During  all  this  time 
the  national  government  consisted  solely  of  the  conti- 
nental congress,  which  comprised  but  one  house,  with 
no  executive  and  no  judiciary.  Indeed,  after  the  articles 
of  confederation  had  been  adopted,  and  had  gone  into 


54  THE  ARTICLES  OF  CONFEDERATION". 

effect  between  the  several  states,  the  same  continental 
congress  continued  its  sessions,  but  now  under  the 
authority  of  the  articles  of  confederation.  These  arti- 
cles, in  fact,  made  but  very  little  difference  in  the  man- 
agement of  affairs. 

Meantime  the  continental  congress  and  the  several 
states,  acting  with  vigor  and  energy,  had  prosecuted  the 
war  zealously.  The  articles  of  confederation  united 
the  thirteen  states,  under  the  style  of  The  United  States 
of  America,  into  a  firm  league  of  friendship  with  each 
other,  for  their  defence,  and  to  secure  their  liberties 
and  their  mutual  and  general  welfare;  binding  them- 
selves to  assist  each  other  against  all  force  offered  to, 
or  attacks  made  upon  them,  or  any  of  them,  on  account 
of  religion,  sovereignty,  trade,  or  any  pretence  what- 
ever. Not  less  than  two  nor  more  than  seven  dele- 
gates were  to  be  chosen  every  year  by  each  state  to 
meet  in  congress,  and,  as  heretofore,  in  deciding  all 
questions,  the  votes  were  to  be  taken  by  states  —  each 
state  having  a  single  vote. 

Congress  should  not  engage  in  war,  grant  letters  of 
marque  and  reprisal,  enter  into  treaties  or  alliances, 
coin  money  or  regulate  its  value,  determine  the  sums 
necessary  for  the  use  of  the  United  States,  emit  bills  of 
credit,  borrow  money  or  appropriate  money,  designate 
the  size  of  the  army  and  navy,  without  the  assent  of 
nine  states  ;  nor  could  a  question  upon  any  other  point, 
except  adjournment  from  day  to  day,  be  determined 
unless  by  the  votes  of  the  majority  of  the  states  in 
congress. 

Sheppard,  in  his  Constitutional  Text-Book  says  :  "  It 
was  soon  found  that  the  plan  detailed  in  the  articles  of 


THE  ARTICLES  OF  CONFEDERATION.  55 

confederation  was  impracticable.  It  gave  to  the  con- 
gress no  means  of  enforcing  its  laws  upon  the  states, 
and  the  states  disregarded  the  recommendations  of  con- 
gress with  impunity.  The  congress  had  no  power  to 
lay  taxes  or  collect  a  revenue  for  the  public  service,  nor 
could  it  regulate  commerce,  either  with  foreign  nations 
or  among  the  several  states.  The  public  debt  incurred 
by  the  war  was  very  great,  and  the  articles  of  confed- 
eration in  no  way  provided  effectual  means  for  its  pay- 
ment." "  It  became  evident  in  a  short  time  that  dis- 
tress and  ruin  would  overspread  the  country,  unless 
some  different  and  more  vigorous  form  of  government 
was  adopted.  This  discouraging  state  of  affairs  led  to 
the  proceedings  which  finally  terminated  in  the  forma- 
tion and  adoption  of  the  present  federal  constitution." 

The  government  of  this  country  may  be  said  to  have 
passed  through  four  forms  :  — 

(1)  The  Colonial. 

(2)  The  Revolutionary. 

(3)  The  Confederate. 

(4)  The  Constitutional.  • 

The  colonial  governments  ended  July  4,  1776,  when 
the  declaration  of  independence  was  passed  and  the 
union  was  formed. 

The  revolutionary  government,  which  practically 
commenced  at  the  meeting  of  the  first  continental  con- 
gress, or,  as  some  would  say,  at  the  meeting  of  the 
second  continental  congress,  assumed  full  powers  at 
the  declaration  of  independence,  and  continued  to  the 
final  ratification  of  the  articles  of  confederation,  March 
i,  1781. 

The  confederate  government  extended  from  the  rati- 


56  THE  ARTICLES  OF  CONFEDERATION*. 

fication  of  the  articles  of  confederation  to  the  4th  of 
March,  1789,  when  the  constitution,  having  previously 
been  adopted,  went  into  effect. 

The  constitutional  government  has  been  in  operation 
from  that  time  until  the  present,  and  to  that  we  are 
now  to  direct  our  attention. 


CHAPTER   XL 

ADOPTION  OF  THE  CONSTITUTION. 

CONVENTION  AT  ANNAPOLIS.  —  An  attempt,  which 
originated  with  Virginia,  was  made  early  in  the  year 
1786,  for  the  appointment  of  commissioners  by  the  sev- 
eral states  to  consider  the  subject  of  the  trade  and  com- 
merce of  the  United  States,  and  how  far  a  uniform  sys- 
tem in  their  commercial  regulations  might  be  desirable 
and  feasible  for  their  common  interest  and  permanent 
well-being.  It  was  proposed  that  these  commissioners 
report  to  the  several  states  an  act  relative  to  this  great 
object,  which,  when  ratified  by  the  states,  would  enable 
congress  to  better  provide  for  the  efficiency  and  unity 
of  our  commercial  relations.  It  was  agreed  that  com- 
missioners should  meet  at  Annapolis,  Md.,  in  September 
of  that  year.  The  meeting  was  held  at  the  time  and 
place  appointed.  Commissioners  were  present  from  Vir- 
ginia, Delaware,  Pennsylvania,  New  Jersey,  and  New 
York,  —  a  minority  of  the  states.  Delegates  had  been 
appointed  by  New  Hampshire,  Massachusetts,  Connecti- 
cut, and  North  Carolina,  but  they  did  not  attend. 

So  small  was  the  number  of  states  represented,  that 
the  delegates  did  not  think  proper  to  proceed  to  the 
important  business  which  had  brought  them  together. 
They  were  also  satisfied  that  they  ought  to  be  entrusted 
with  more  ample  powers,  embracing  other  objects  in 
addition  to  the  mere  regulation  of  trade  and  commerce. 


58  ADOPTION  OF  THE  CONSTITUTION". 

They  therefore  prepared  an  address  and  a  report  to  be 
submitted  to  congress,  and  to  all  the  states  to  concur 
,r  "  in  the  appointment  of  commissioners  to  meet  at  Phila- 
/  delphia  on  the  second  Monday  in  May,  1787,  to  take  into 
consideration  the  situation  of  the  United  States,  to  de- 
vise such  further  provisions  as  should  appear  to  them 
necessary  to  render  the  constitution  of  the  federal  govern- 
:    ment  adequate  to  the  exigencies  of   the  union,  and  to 
report  such  an  act  for  that  purpose  to  the  United  States 
in  congress  assembled,  as,  when  agreed  to  by  them,  and 
afterwards  confirmed  by  the  legislature  of  every  state, 
will  effectively  provide  for  the  same." 

In  February,  1787,  the  delegates  from  New  York, 
having  brought  the  matter  before  congress,  that  body, 
by  resolution,  declared  that  it  was  expedient  "  that  the 
convention  of  delegates,  who  shall  have  been  appointed 
by  the  several  states,  be  held  at  Philadelphia,  for  the 
sole  and  express  purpose  of  revising  the  articles  of  con- 
federation, and  reporting  to  congress  and  the  several 
legislatures,  such  alterations  and  provisions  therein,  as 
shall,  when  agreed  to  in  congress  and  confirmed  by  the 
several  states,  render  the  federal  constitution  adequate 
to  the  exigencies  of  the  government  and  the  preserva- 
tion of  the  union." 

THE  FEDERAL  CONVENTION.  —  It  was  in  obedience  to 
this  vote  of  congress,  that  there  assembled  at  the  state- 
house  in  Philadelphia,  on  the  I4th  day  of  May,  1787,  a 
body  of  gentlemen,  who,  for  experience  in  governmental 
affairs,  knowledge  of  the  history  of  nations,  practical 
statesmanship,  and  pure  patriotism,  has  seldom  been 
equalled  in  the  world's  history.  A  majority  of  the  states, 
however,  not  being  represented,  the  members  present 


ADOPTION   OF  THE  CONSTITUTION. 


59 


adjourned  from  day  to  day,  until  Friday,  May  25.  The 
convention  then  organized,  and  George  Washington,  a 
delegate  from  Virginia,  was  unanimously  elected  to  pre- 
side over  their  deliberations.  All  the  states  were  repre- 
sented except  Rhode  Island.  Many  of  the  foremost 
men  of  the  states  were  members  of  this  convention. 
Among  the  most  distinguished  of  them  may  be  named, 
besides  Washington  :  Benjamin  Franklin,  Robert  Morris 
and  Gouverneur  Morris,  of  Pennsylvania ;  Alexander 
Hamilton,  of  New  York ;  James  Madison,  of  Virginia ; 
Charles  Pinckney  and  Charles  C.  Pinckney,  of  North 
Carolina ;  Roger  Sherman,  from  Connecticut ;  and 
Rufus  King,  from  Massachusetts. 

It  will  be  borne  in  mind,  from  what  has  already  been 
said,  that  the  object  of  calling  the  convention  was  merely 
to  revise  the  articles  of  confederation.  It  soon  became 
apparent,  however,  to  the  convention  that,  in  the  judg- 
ment of  the  majority  of  the  members  present,  the  old 
form  of  government  was  so  weak  and  defective,  that  the 
only  wise  and  proper  thing  to  be  done  was  to  form  an 
entirely  new  constitution. 

For  full  four  months,  from  May  to  September,  con- 
tinuing their  work  vigorously  through  all  the  summer 
months,  this  convention  proceeded,  until,  on  the  I7th 
of  September,  the  constitution  of  the  United  States, 
which,  with  its  several  amendments,  since  adopted,  is 
now  the  supreme  law  of  this  country,  was  adopted  and 
signed  by  the  members  of  the  convention.  This  con- 
vention is  known  as  the  federal  convention.  Its  debates, 
so  far  as  they  have  been  preserved  in  the  journal  of  the 
convention,  and  in  the  Madison  papers  and  otherwise, 
are  of  a  most  interesting  character,  and  well  worth  the 


60  ADOPTION  OF  THE  CONSTITUTION. 

study  of  any  statesman  of  any  country,  and  of  all  times. 
There  were  great  difficulties  in  the  way  of  forming  a 
new  constitution.  These  difficulties  arose  from  the 
jealousies  existing  among  the  states,  the  difference  in 
their  extent,  their  wealth,  population,  habits,  religion, 
education,  and  political  views.  Nothing  but  a  wise  and 
patriotic  spirit  of  mutual  concession  and  moderation 
could  have  overcome  such  obstacles.  In  many  respects 
the  constitution  was  a  matter  of  compromise ;  the  sev- 
eral states  and  the  several  sections  of  the  country  each 
yielding  something  for  the  public  good. 

The  convention  directed  that  the  new  constitution 
should  be  laid  before  congress,  and  that  if  ratified  by 
that  body,  it  should  be  recommended  to  a  convention 
of  delegates  chosen  in  each  state  by  the  people  thereof, 
who  should  vote  whether  they  would  recommend  its 
adoption  or  not ;  and  as  soon  as  nine  states  had  ratified 
it,  congress  should  take  measures  for  the  election  of  a 
president,  and  should  fix  the  time  and  place  for  com- 
mencing the  proceedings  under  the  new  constitution. 

THE  CONSTITUTION  APPROVED.  —  On  the  28th  of 
September,  1787,  congress  approved  of  the  constitu- 
tion, and  voted  to  transmit  it  to  the  legislatures  of  the 
several  states,  in  order  that  it  might  be  submitted  to  a 
convention  of  delegates  chosen  in  each  state  by  the 
people  thereof.  These  conventions  were  held  in  the 
several  states,  and  the  new  system  was  discussed  with 
great  ability  and  great  zeal,  amid  many  conflicting  opin- 
ions. The  opposition  to  it  in  several  of  the  states  was 
very  vigorous  and  bitter.  It  was,  however,  finally 
adopted  by  the  requisite  number  of  states,  and  on  the 
1 7th  of  September,  1788,  congress  having  been  notified 


ADOPTION  OF  THE  CONSTITUTION.  6t 

of  its  ratification  by  the  conventions  of  all  the  states 
except  North  Carolina  and  Rhode  Island,  "  resolved 
that  the  first  Wednesday  in  January,  1789,  should  be 
the  day  for  appointing  electors  in  the  several  states 
which  had  ratified  the  constitution  ;  that  the  first  Wed- 
nesday of  the  February  following  should  be  the  day  for 
the  electors  to  assemble  and  vote  for  a  president ;  and 
that  the  first  Wednesday  in  March  following  should  be 
the  time  for  commencing  operations  under  the  constitu- 
tion at  New  York,  which  was  then  the  seat  of  govern- 
ment." 

WASHINGTON,  PRESIDENT.  —  The  first  Wednesday  of 
March,  1789,  was  the  fourth  day  of  the  month,  and  that 
date,  therefore,  became  fixed  as  the  day  of  the  inaug- 
uration of  the  president.  George  Washington  was 
unanimously  elected  president,  and  John  Adams  was 
elected  vice-president.  Senators  and  representatives 
were  elected  by  the  eleven  states  which  had  ratified  the 
constitution,  and  these  having  assembled,  on  Wednes- 
day, the  4th  day  of  March,  1789,  the  new  constitution  of 
the  United  States  went  into  legal  operation,  and  pro- 
ceedings were  commenced  under  it. 

A  quorum  of  members  did  not,  however,  appear  until 
the  first  day  of  April,  and  upon  that  day  congress  began 
the  transaction  of  business.  The  electoral  votes  were 
not  counted,  however,  until  the  6th  of  April.  On 
Thursday,  April  30,  George  Washington  took  the 
oath  required  by  the  constitution,  and  delivered  his 
inaugural  address.  On  the  next  day  John  Adams  took 
his  seat  as  president  of  the  senate. 

North  Carolina  ratified  the  constitution  in  November, 
1789,  and  Rhode  Island,  in  May,  1790. 


62  ADOPTION  OF  THE  CONSTITUTION. 

DATES  OF  RATIFICATION.  —  The  following  are  the 
dates  of  ratification  of  the  constitution  by  each  of  the 
original  thirteen  states  :  — 

(1)  Delaware,  Dec.  7,  1787. 

(2)  Pennsylvania,  Dec.  12,  1787. 

(3)  New  Jersey,  Dec.  18,  1787. 

(4)  Georgia,  Jan.  2,  1788. 

(5)  Connecticut,  Jan.  9,  1788. 

(6)  Massachusetts,  Feb.  6,  1788. 

(7)  Maryland,  April  28,  1788. 

(8)  South  Carolina,  May  23,  1788. 

(9)  New  Hampshire,  June  21,  1788. 

(10)  Virginia,  June  26,  1788. 

(11)  New  York,  July  26,  1788. 

(12)  North  Carolina,  Nov.  21,  1789. 

(13)  Rhode  Island,  May  29,  1790. 


PART    II. 

THE   GOVERNMENT  UNDER   THE   CONSTITUTION. 


THE    CONSTITUTION    OF   THE    UNITED 
STATES   OF   AMERICA. 

WE  the  People  of  the  United  States,  in  order  to  form  a  more 
perfect  Union,  establish  Justice,  insure  domestic  Tranquillity, 
provide  for  the  common  defence,  promote  the  general  Wel- 
fare, and  secure  the  Blessings  of  Liberty  to  ourselves  and  our 
Posterity,  do  ordain  and  establish  this  CONSTITUTION  for  the 
United  States  of  America. 

ARTICLE.  I. 

SECTION,  i.  All  legislative  Powers  herein  granted  shall  be 
vested  in  a  Congress  of  the  United  States,  which  shall  consist 
of  a  Senate  and  House  of  Representatives. 

SECTION.  2.  [1]The  House  of  Representatives  shall  be  com- 
posed of  Members  chosen  every  second  year  by  the  People  of 
the  several  States,  and  the  Electors  in  each  State  shall  have 
the  Qualifications  requisite  for  Electors  of  the  most  numerous 
Branch  of  the  State  Legislature. 

C23  No  person  shall  be  a  Representative  who  shall  not  have 
attained  to  the  Age  of  twenty  five  years,  and  been  seven  Years 

[NOTE.  —  The  small  figures  in  brackets  are  not  in  the  original,  but 
have  been  added  subsequently,  to  mark  the  different  clauses  in  a  section. 
In  reprinting  the  constitution  here,  the  spelling,  punctuation,  and  capitali- 
zation of  the  original  have  been  preserved.] 


64        CONSTITUTION  OF  THE  UNITED  STATES. 

a  Citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  Inhabitant  of  that  State  in  which  he  shall  be 
chosen. 

C3]  Representatives  and  direct  Taxes  shall  be  apportioned 
among  the  several  States  which  may  be  included  within  this 
Union,  according  to  their  respective  Numbers,  which  shall  be 
determined  by  adding  to  the  whole  Number  of  free  Persons, 
including  those  bound  to  Service  for  a  Term  of  Years,  and 
excluding  Indians  not  taxed,  three  fifths  of  all  other  Persons. 
The  actual  Enumeration  shall  be  made  within  three  Years  after 
the  first  Meeting  of  the  Congress  of  the  United  States,  and 
within  every  subsequent  Term  of  ten  Years,  in  such  Manner  as 
they  shall  by  Law  direct.  The  Number  of  Representatives 
shall  not  exceed  one  for  every  thirty  Thousand,  but  each  State 
shall  have  at  Least  one  Representative ;  and  until  such  enum- 
eration shall  be  made,  the  State  of  New  Hampshire  shall  be 
entitled  to  chuse  three,  Massachusetts  eight,  Rhode-Island  and 
Providence  Plantations  one,  Connecticut  five,  New- York  six, 
New  Jersey  four,  Pennsylvania  eight,  Delaware  one,  Maryland 
six,  Virginia  ten,  North  Carolina  five,  South  Carolina  five,  and 
Georgia  three. 

^  When  vacancies  happen  in  the  Representation  from  any 
State,  the  Executive  Authority  thereof  shall  issue  Writs  of  Elec- 
tion to  fill  such  Vacancies. 

^  The  House  of  Representatives  shall  chuse  their  Speaker 
and  other  officers ;  and  shall  have  the  sole  Power  of  Impeach- 
ment. 

SECTION.  3.  [l:iThe  Senate  of  the  United  States  shall  be 
composed  of  two  Senators  from  .each  State,  chosen  by  the 
Legislature  thereof,  for  six  Years ;  and  each  Senator  shall  have 
one  Vote. 

C23  Immediately  after  they  shall  be  assembled  in  Consequence 
of  the  first  Election,  they  shall  be  divided  as  equally  as  may  be 
into  three  Classes.  The  Seats  of  the  Senators  of  the  first  Cla^s 


CONSTITUTION  OF  THE  UNITED  STATES.        65 

shall  be  vacated  at  the  Expiration  of  the  second  Year,  of  the 
second  Class  at  the  Expiration  of  the  fourth  Year,  and  of  the 
third  class  at  the  Expiration  of  the  sixth  Year,  so  that  one-third 
may  be  chosen  every  second  Year ;  and  if  Vacancies  happen 
by  Resignation,  or  otherwise,  during  the  Recess  of  the  Legis- 
lature of  any  State,  the  Executive  thereof  may  make  temporary 
Appointments  until  the  next  Meeting  of  the  Legislature,  which 
shall  then  fill  such  Vacancies. 

C3;J  No  person  shall  be  a  Senator  who  shall  not  have  attai'ned 
to  the  Age  of  thirty  Years,  and  been  nine  Years  a  Citizen  o 
the  United  States,  and  who  shall  not,  when  elected,  be  an  In' 
habitant  of  that  State  for  which  he  shall  be  chosen. 

C4]  The  Vice  President  of  the  United  States  shall  be  President 
of  the  Senate,  but  shall  have  no  Vote,  unless  they  be  equally 
divided. 

[5;)The  Senate  shall  chuse  their  other  Officers,  and  also  a 
President  pro  tempore,  in  the  Absence  of  the  Vice  President, 
or  when  he  shall  exercise  the  Office  of  President  of  the  United 
States. 

C6]  The  Senate  shall  have  the  sole  Power  to  try  all  Impeach- 
ments. When  sitting  for  that  Purpose,  they  shall  be  on  Oath 
or  Affirmation.  When  the  President  of  the  United  States  is 
tried,  the  Chief  Justice  shall  preside :  And  no  Person  shall  be 
convicted  without  the  Concurrence  of  two  thirds  of  the  Mem- 
bers present. 

73  Judgment  in  Cases  of  Impeachment  shall  not  extend  fur- 
ther than  to  removal  from  Office,  and  Disqualification  to  hold 
and  enjoy  any  Office  of  honour,  Trust  or  Profit  under  the 
United  States :  but  the  Party  convicted  shall  nevertheless  be 
liable  and  subject  to  Indictment,  Trial,  Judgment  and  Punish- 
ment, according  to  Law. 

SECTION.  4.  cl]The  Times,  Places  and  Manner  of  holding 
Elections  for  Senators  and  Representatives,  shall  be  prescribed 
in  each  State  by  the  Legislature  tiierfpf j~- iSrit^tte  Congress  may 


V 

OF  Tfff 

UMVEBSITT 


66        CONSTITUTION  OF  THE  UNITED  STATES. 

at  any  time  by  Law  make  or  alter  such  Regulations,  except  as 
to  the  places  of  chusing  Senators. 

C2]  The  Congress  shall  assemble  at  least  once  in  every  Year, 
and  such  Meeting  shall  be  on  the  first  Monday  in  December, 
unless  they  shall  by  Law  appoint  a  different  Day. 

SECTION.  5.  cl]Each  House  shall  be  the  Judge  of  the  Elec- 
tions, Returns  and  Qualifications  of  its  own  Members,  and  a 
Majority  of  each  shall  constitute  a  Quorum  to  do  Business ;  but 
a  smaller  Number  may  adjourn  from  day  to  day,  and  may  be 
authorized  to  compel  the  Attendance  of  absent  Members,  in 
such  Manner,  and  under  such  Penalties  as  each  House  may 
provide. 

C2]Each  House  may  determine  the  Rules  of  its  Proceed- 
ings, punish  its  Members  for  disorderly  Behaviour,  and,  with 
the  Concurrence  of  two  thirds,  expel  a  Member. 

^  Each  House  shall  keep  a  Journal  of  its  Proceedings,  and 
from  time  to  time  publish  the  same,  excepting  such  Parts  as 
may  in  their  Judgment  require  Secrecy;  and  the  Yeas  and 
Nays  of  the  Members  of  either  House  on  any  question  shall, 
at  the  Desire  of  one  fifth  of  those  Present,  be  entered  on  the 
Journal. 

w  Neither  House,  during  the  Session  of  Congress,  shall, 
without  the  Consent  of  the  other,  adjourn  for  more  than  three 
days,  nor  to  any  other  Place  than  that  in  which  the  two  Houses 
lhall  be  sitting. 

SECTION.  6.  C1]  The  Senators  and  Representatives  shall  receive 
a  Compensation  for  their  Services,  to  be  ascertained  by  Law, 
and  paid  out  of  the  Treasury  of  the  United  States.  They 
shall  in  all  Cases,  except  Treason,  Felony  and  Breach  of  the 
Peace,  be  privileged  from  Arrest  during  their  Attendance  at 
the  Session  of  their  respective  Houses,  and  in  going  to  and 
returning  from  the  same ;  and  for  any  speech  or  debate  in 
either  House,  they  shall  not  be  questioned  in  any  other 
Place. 


CONSTITUTION  OF  THE  UNITED  STATES.        6/ 

C23No  Senator  or  Representative  shall,  during  the  Time  for 
which  he  was  elected,  be  appointed  to  any  civil  Office  under 
the  Authority  of  the  United  States,  which  shall  have  been 
created,  or  the  Emoluments  whereof  shall  have  been  encreased 
during  such  time  ;  and  no  Person  holding  any  Office  under  the 
United  States,  shall  be  a  Member  of  either  House  during  his 
Continuance  in  Office. 

SECTION.  7.  [1]  All  Bills  for  raising  Revenue  shall  originate  in 
the  House  of  Representatives ;  but  the  Senate  may  propose  or 
concur  with  Amendments  as  on  other  Bills. 

[2]  Every  Bill  which  shall  have  passed  the  House  of  Repre- 
sentatives and  the  Senate,  shall,  before  it  become  a  Law,  be 
presented  to  the  President  of  the  United  States ;  If  he  approve 
he  shall  sign  it,  but  if  not  he  shall  return  it,  with  his  Objections 
to  that  House  in  which  it  shall  have  originated,  who  shall  enter 
the  Objections  at  large  on  their  Journal,  and  proceed  to  recon- 
sider it.  If  after  such  Reconsideration  two  thirds  of  that 
House  shall  agree  to  pass  the  Bill,  it  shall  be  sent,  together 
with  the  Objections,  to  the  other  House,  by  which  it  shall  like- 
wise be  reconsidered,  and  if  approved  by  two  thirds  of  that 
House,  it  shall  become  a  Law.  But  in  all  such  cases  the  Votes 
of  both  Houses  shall  be  determined  by  yeas  and  Nays,  and  the 
Names  of  the  Persons  voting  for  and  against  the  Bill  shall  be 
entered  on  the  Journal  of  each  House  respectively.  If  any 
Bill  shall  not  be  returned  by  the  President  within  ten  Days 
(Sundays  excepted)  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law,  in  like  Manner  as  if  he  had  signed  it, 
unless  the  Congress  by  their  Adjournment  prevent  its  Return, 
'i  which  Case  it  shall  not  be  a  Law. 

:3]  Every  Order,  Resolution,  or  Vote  to  which  the  Concur- 
rence of  the  Senate  and  House  of  Representatives  may  be 
necessary  (except  on  a  question  of  Adjournment)  shall  be 
presented  to  the  President  of  the  United  States ;  and  before 
the  Same  shall  take  Effect,  shall  be  approved  by  him,  or  being 


68         CONSTITUTION  OF  THE  UNITED  STATES. 

disapproved  by  him,  shall  be  repassed  by  two  thirds  of  the 
Senate  and  House  of  Representatives,  according  to  the  Rules 
and  Limitations  prescribed  in  the  Case  of  a  Bill. 

SECTION.  8.  The  Congress  shall  have  Power 

[1]  To  lay  and  collect  Taxes,  Duties,  Imposts  and  Excises,  to 
pay  the  Debts  and  provide  for  the  common  Defence  and  gen- 
eral Welfare  of  the  United  States ;  but  all  Duties,  Imposts  and 
Excises  shall  be  uniform  throughout  the  United  States ; 

[2]  To  borrow  Money  on  the  credit  of  the  United  States ; 

C3]  To  regulate  Commerce  with  foreign  Nations,  and  among 
the  several  States,  and  with  the  Indian  Tribes ; 

t4]To  establish  an  uniform  Rule  of  Naturalization,  and  uni- 
form Laws  on  the  subject  of  Bankruptcies  throughout  the 
United  States; 

[5]  To  coin  Money,  regulate  the  Value  thereof,  and  of  foreign 
Coin,  and  fix  the  Standard  of  Weights  and  Measures ; 

[6]To  provide  for  the  Punishment  of  counterfeiting  the 
Securities  and  current  Coin  of  the  United  States ; 

[7]  To  establish  Post  Offices  and  post  Roads  ; 

C8]To  promote  the  progress  of  Science  and  useful  Arts,  by 
securing  for  limited  Times  to  Authors  and  Inventors  the  exclu- 
sive Right  to  their  respective  Writings  and  Discoveries ; 

[9]  To  constitute  Tribunals  inferior  to  the  supreme  Court  j 

[10;1  To  define  and  punish  Piracies  and  Felonies  committed  on 
the  high  Seas,  and  Offences  against  the  Law  of  Nations ; 

[11]To  declare  War,  grant  letters  of  Marque  and  Reprisal, 
and  make  Rules  concerning  Captures  on  Land  and  Water ; 

cl2]To  raise  and  support  Armies,  but  no  Appropriation  of 
Money  to  that  Use  shall  be  for  a  longer  Term  than  two  Years ; 

[13]  To  provide  and  maintain  a  Navy ; 

[14]To  make  Rules  for  the  Government  and  Regulation  of 
the  land  and  naval  Forces ; 

C15]  To  provide  for  calling  forth  the  Militia  to  execute  the  Laws 
of  the  Union,  suppress  Insurrections  and  repel  Invasions ; 


CONSTITUTION  OF  THE  UNITED  STATES.        69 

[16]To  provide  for  organizing,  arming,  and  disciplining,  the 
Militia,  and  for  governing  such  Part  of  them  as  may  be  em- 
ployed in  the  Service  of  the  United  States,  reserving  to  the 
States  respectively,  the  Appointment  of  the  Officers,  and  the 
Authority  of  training  the  Militia  according  to  the  Discipline 
prescribed  by  Congress ; 

C17]  To  exercise  exclusive  Legislation  in  all  Cases  whatsoever, 
jDver^suck-District  (not  exceeding  ten  Miles  square)  as  may, 
by  Cession  of  particular  States,  and  the  Acceptance  of  Con- 
gress, become  the  Seat  of  the  Government  of  the  United 
States,  and  to  exercise  like  Authority  over  all  Places  purchased 
by  the  Consent  of  the  Legislature  of  the  State  in  which  the 
Same  shall  be,  for  the  Erection  of  Forts,  Magazines,  Arsenals, 
Dock- Yards,  and  other  needful  Buildings  ;  —  And 

[18:i  To  make  all  Laws  which  shall  be  necessary  and  proper 
for  carrying  into  Execution  the  foregoing  Powers,  and  all  other 
Powers  vested  by  this  Constitution  in  the  Government  of  the 
United  States,  or  in  any  Department  or  Officer  thereof. 

SECTION.  9.  [1]The  Migration  or  Importation  of  such  Persons 
as  any  of  the  States  now  existing  shall  think  proper  to  admit, 
shall  not  be  prohibited  by  the  Congress  prior  to  the  Year  one 
thousand  eight  hundred  and  eight,  but  a  Tax  or  Duty  may  be 
imposed  on  such  Importation,  not  exceeding  ten  dollars  for 
each  Person. 

[-i  The  Privilege  of  the  Writ  of  Habeas  Corpus  shall  not  be 
suspended,  unless  when  in  Cases  of  Rebellion  or  Invasion  the 
public  Safety  may  require  it. 

C3]  No  Bill  of  Attainder  or  ex  post  facto  Law  shall  be  passed. 

C4]  No  Capitation,  or  other  direct,  Tax  shall  be  laid,  unless 
in  Proportion  to  the  Census  or  Enumeration  herein  before 
directed  to  be  taken. 

[5]  No  Tax  or  Duty  shall  be  laid  on  Articles  exported  from 
any  State. 

[6]  NO  Preference  shall  be  given  by  any  Regulation  of  Com- 


70        CONSTITUTION  OF  THE  UNITED  STATES. 

merce  or  Revenue  to  the  Ports  of  one  State  over  those  of 
another:  nor  shall  Vessels  bound  to,  or  from,  one  State,  be 
obliged  to  enter,  clear,  or  pay  Duties  in  another. 

C7]  No  Money  shall  be  drawn  from  the  Treasury,  but  in  Con- 
sequence of  Appropriations  made  by  Law ;  and  a  regular  State- 
ment and  Account  of  the  Receipts  and  Expenditures  of  all 
public  Money  shall  be  published  from  time  to  time. 

[8J  No  Title  of  Nobility  shall  be  granted  by  the  United  States  : 
And  no  Person  holding  any  Office  of  Profit  or  Trust  under 
them,  shall,  without  the  Consent  of  the  Congress,  accept  of 
any  present,  Emolument,  Office,  or  Title,  of  any  kind  what- 
ever, from  any  King,  Prince,  or  foreign  State. 

SECTION.  10.  [1]  No  State  shall  enter  into  any  Treaty,  Alliance, 
or  Confederation  ;  grant  Letters  of  Marque  and  Reprisal ;  coin 
Money ;  emit  Bills  of  Credit ;  make  any  Thing  but  gold  and 
silver  Coin  a  Tender  in  Payment  of  Debts ;  pass  any  Bill  of 
Attainder,  ex  post  facto  Law,  or  Law  impairing  the  Obligation 
of  Contracts,  or  grant  any  Title  of  Nobility. 

^  No  State  shall,  without  the  consent  of  the  Congress,  lay 
any  Imposts  or  Duties  on  Imports  or  Exports,  except  what 
may  be  absolutely  necessary  for  executing  it's  inspection  Laws  : 
and  the  net  Produce  of  all  Duties  and  Imposts,  laid  by  any 
State  on  Imports  or  Exports,  shall  be  for  the  Use  of  the 
Treasury  of  the  United  States ;  and  all  such  Laws  shall  be  sub- 
ject to  the  Revision  and  Controul  of  the  Congress. 

C3]  No  State  shall,  without  the  Consent  of  Congress,  lay  any 
Duty  of  Tonnage,  keep  Troops,  or  Ships  of  War  in  time  of 
Peace,  enter  into  any  Agreement  or  Compact  with  another 
State,  or  with  a  foreign  Power,  or  engage  in  War,  unless  actually 
invaded,  or  in  such  imminent  Danger  as  will  not  admit  of 

Delay. 

ARTICLE.   II. 

SECTION,  i.  [1]The  executive  Power  shall  be  vested  in  a 
President  of  the  United  States  of  America.  He  shall  hold  his 


CONSTITUTION  OF  THE  UNITED  STATES.        yi 

Office  during  the  Term  of  four  Years,  and,  together  with  the 
Vice  President,  chosen  for  the  same  Term,  be  elected,  as  fol- 
lows 

[2]  Each  State  shall  appoint,  in  such  Manner  as  the  Legisla- 
ture thereof  may  direct,  a  Number  of  Electors,  equal  to  the 
whole  Number  of  Senators  and  Representatives  to  which  the 
State  may  be  entitled  in  the  Congress  :  but  no  Senator  or  Rep- 
resentative, or  Person  holding  an  Office  of  Trust  or  Profit  under 
the  United  States,  shall  be  appointed  an  Elector. 

* [3]  The  Electors  shall  meet  in  their  respective  States,  and 
vote  by  Ballot  for  two  Persons,  of  whom  one  at  least  shall  not 
be  an  Inhabitant  of  the  same  State  with  themselves.  And 
they  shall  make  a  List  of  all  the  Persons  voted  for,  and  of  the 
Number  of  Votes  for  each ;  which  List  they  shall  sign  and  cer- 
tify, and  transmit  sealed  to  the  Seat  of  the  Government  of  the 
United  States,  directed  to  the  President  of  the  Senate.  The 
President  of  the  Senate  shall,  in  the  Presence  of  the  Senate  and 
House  of  Representatives,  open  all  the  Certificates,  and  the 
Votes  shall  then  be  counted.  The  Person  having  the  greatest 
Number  of  Votes  shall  be  the  President,  if  such  Number  be  a 
Majority  of  the  whole  Number  of  Electors  appointed ;  and  if 
there  be  more  than  one  who  have  such  Majority  and  have  an 
equal  number  of  Votes,  then  the  House  of  Representatives  shall 
immediately  chuse  by  Ballot  one  of  them  for  President ;  and  if 
no  Person  have  a  Majority,  then  from  the  five  highest  on  the 
List  the  said  House  shall  in  like  manner  chuse  the  President. 
But  in  chusing  the  President,  the  Votes  shall  be  taken  by 
States,  the  Representation  from  each  State  having  one  Vote ;  a 
Quorum  for  this  Purpose  shall  consist  of  a  Member  or  Mem- 
bers from  two  thirds  of  the  States,  and  a  Majority  of  all  the 
States  shall  be  necessary  to  a  choice.  In  every  Case,  after  the 
Choice  of  the  President,  the  Person  having  the  greatest  Number 

*  This  clause  has  been  superseded  by  the  I2th  amendment,  on  page  80. 


72         CONSTITUTION  OF  THE  UNITED  STATES. 

of  Votes  of  the  Electors  shall  be  the  Vice  President.  But  if 
there  should  remain  two  or  more  who  have  equal  Votes,  the 
Senate  shall  chuse  from  them  by  Ballot  the  Vice  President. 

C4]The  Congress  may  determine  the  Time  of  chusing  the 
Electors,  and  the  Day  on  which  they  shall  give  their  Votes ; 
which  Day  shall  be  the  same  throughout  the  United  States. 

[5]  NO  Person  except  a  natural  born  Citizen,  or  a  Citizen  of 
the  United  States,  at  the  time  of  the  Adoption  of  this  Constitu- 
tion, shall  be  eligible  to  the  Office  of  President ;  neither  shall 
any  Person  be  eligible  to  that  Office  who  shall  not  have  attained 
to  the  Age  of  thirty  five  Years,  and  been  fourteen  Years  a  Resi- 
dent within  the  United  States. 

C6]  In  Case  of  the  Removal  of  the  President  from  Office,  or 
of  his  Death,  Resignation,  or  Inability  to  discharge  the  Powers 
and  Duties  of  the  said  office,  the  same  shall  devolve  on  the 
Vice  President,  and  the  Congress  may  by  Law  provide  for  the 
Case  of  Removal,  Death,  Resignation,  or  Inability,  both  of  the 
President  and  Vice  President,  declaring  what  Officer  shall  then 
act  as  President,  and  such  Officer  shall  act  accordingly,  until 
the  Disability  be  removed,  or  a  President  shall  be  elected. 

C7]  The  President  shall,  at  stated  Times,  receive  for  his  ser- 
vices, a  Compensation,  which  shall  neither  be  encreased  nor 
diminished  during  the  Period  for  which  he  shall  have  been 
elected,  and  he  shall  not  receive  within  that  Period  any  other 
Emolument  from  the  United  States,  or  any  of  them. 

C8]  Before  he  enter  on  the  Execution  of  his  Office,  he  shall 
take  the  following  Oath  or  Affirmation  :  — 

"  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  exe- 
"  cute  the  Office  of  President  of  the  United  States,  and  will  to 
"  the  best  of  my  Ability,  preserve,  protect  and  defend  the  Con- 
"  stitution  of  the  United  States." 

SECTION.  2.  [1]The  President  shall  be  Commander  in  Chief 
of  the  Army  and  Navy  of  the  United  States,  and  of  the  Militia 
of  the  several  States,  when  called  into  the  actual  Service  of  the 


CONSTITUTION  OF  THE  UNITED  STATES.        73 

United  States ;  he  may  require  the  Opinion,  in  writing,  of  the 
principal  Officer  in  each  of  the  executive  Departments,  upon 
any  Subject  relating  to  the  Duties  of  their  respective  Offices, 
and  he  shall  have  Power  to  grant  Reprieves  and  Pardons  for 
Offences  against  the  United  States,  except  in  Cases  of  Impeach- 
ment. 

[2]  He  shall  have  Power,  by  and  with  the  Advice  and  Con- 
sent of  the  Senate,  to  make  Treaties,  provided  two  thirds  of  the 
Senators  present  concur ;  and  he  shall,  nominate,  and  by  and 
with  the  Advice  and  Consent  of  the  Senate,  shall  appoint  Am- 
bassadors, other  public  Ministers  and  Consuls,  Judges  of  the 
supreme  Court,  and  all  other  Officers  of  the  United  States, 
whose  Appointments  are  not  herein  otherwise  provided  for,  and 
which  shall  be  established  by  Law :  but  the  Congress  may  by 
Law  vest  the  Appointment  of  such  inferior  Officers,  as  they 
think  proper,  in  the  President  alone,  in  the  Courts  of  Law,  or 
in  the  Heads  of  Departments. 

[3]  The  President  shall  have  Power  to  fill  up  all  Vacancies  that 
may  happen  during  the  Recess  of  the  Senate,  by  granting  Com- 
missions which  shall  expire  at  the  End  of  their  next  Session. 

SECTION.  3.  He  shall  from  time  to  time  give  to  the  Congress 
Information  of  the  State  of  the  Union,  and  recommend  to  their 
Consideration  such  Measures  as  he  shall  judge  necessary  and 
expedient ;  he  may,  on  extraordinary  Occasions,  convene  both 
Houses,  or  either  of  them,  and  in  Case  of  Disagreement  be- 
tween them,  with  Respect  to  the  time  of  Adjournment,  he  may 
adjourn  them  to  such  Time  as  he  shall  think  proper ;  he  shall 
receive  Ambassadors  and  other  public  Ministers ;  he  shall  take 
Care  that  the  Laws  be  faithfully  executed,  and  shall  Commis- 
sion all  the  officers  of  the  United  States. 

SECTION.  4.  The  President,  Vice  President  and  all  civil  Offi- 
cers of  the  United  States,  shall  be  removed  from  Office  on  Im- 
peachment for,  and  Conviction  of,  Treason,  Bribery,  or  othei 
high  Crimes  and  Misdemeanors. 


74        CONSTITUTION  OF  THE  UNITED  STATES. 

ARTICLE.  III. 

SECTION,  i.  The  Judicial  Power  of  the  United  States,  shall 
be  vested  in  Qjie_supreme  Court,  and  in  such  inferior  Courts  as 
the  Congress  may  from  time  to  time  ordain  and  establish.  The 
Judges,  both  of  the  supreme  and  inferior  Courts,  shall  hold 
their  Offices  during  good  Behavior,  and  shall,  at  stated  Times, 
receive  for  their  Services,  a  Compensation  which  shall  not  be 
diminished  during  their  Continuance  in  Office. 

SECTION.  2.  [1]The  Judicial  Power  shall  extend  to  all  Cases, 
in  Law  and  Equity,  arising  under  this  Constitution,  the  Laws 
of  the  United  States,  and  Treaties  made,  or  which  shall  be 
made,  under  their  Authority;  —  to  all  Cases  affecting  Ambassa- 
dors, other  public  Ministers  and  Consuls  ;  —  to  all  Cases  of  ad- 
miralty and  maritime  Jurisdiction  ;  —  to  Controversies  to  which 
the  United  States  shall  be  a  Party ;  —  to  Controversies  between 
two  or  more  States ;  —  between  a  State  and  Citizens  of  another 
State;  —  between  Citizens  of  different  States,  —  between  Citi- 
zens of  the  same  State  claiming  Lands  under  Grants  of  different 
States,  and  between  a  State,  or  the  Citizens  thereof,  and  foreign 
States,  Citizens  or  Subjects. 

123  In  all  Cases  affecting  Ambassadors,  other  public  Ministers 
and  Consuls,  and  those  in  which  a  State  shall  be  Party,  the 
surpreme  Court  shall  have  original  Jurisdiction.  In  all  the 
other  Cases  before  mentioned,  the  supreme  Court  shall  have 
appellate  Jurisdiction,  both  as  to  Law  and  Fact,  with  such  Ex- 
ceptions, and  under  such  Regulations  as  the  Congress  shall 
make. 

[3]  The  Trial  of  all  Crimes,  except  in  Cases  of  Impeachment, 
shall  be  by  Jury ;  and  such  Trial  shall  be  held  in  the  State 
where  the  said  Crimes  shall  have  been  committed ;  but  when 
not  committed  within  any  State,  the  Trial  shall  be  at  such  Place 
or  Places  as  the  Congress  may  by  Law  have  directed. 

SECTION.  3.   [1]  Treason  against  the  United  States,  shall  con- 


CONSTITUTION  OF  THE  UNITED  STATES.      75 

sist  only  in  levying  War  against  them,  or  in  adhering  to  their 
Enemies,  giving  them  Aid  and  Comfort.  No  Person  shall 
be  convicted  of  Treason  unless  on  the  Testimony  of  two 
Witnesses  to  the  same  overt  Act,  or  on  Confession  in  open 
Court. 

C2]  The  Congress  shall  have  Power  to  declare  the  Punishment 
of  Treason,  but  no  Attainder  of  Treason  shall  work  Corruption 
of  Blood,  or  Forfeiture  except  during  the  Life  of  the  Person 

attainted. 

ARTICLE.   IV. 

SECTION,  i.  Full  Faith  and  Credit  shall  be  given  in  each 
State  to  the  public  Acts,  Records,  and  judicial  Proceedings  of 
every  other  State.  And  the  Congress  may  by  general  Laws 
prescribe  the  Manner  in  which  such  Acts,  Records,  and  Pro- 
ceedings shall  be  proved,  and  the  Effect  thereof. 

SECTION.  2.  [1]The  Citizens  of  each  State  shall  be  entitled  to 
all  Privileges  and  Immunities  of  Citizens  in  the  several  States. 

[2]  A  Person  charged  in  any  State  with  Treason,  Felony,  or 
other  Crime,  who  shall  flee  from  Justice,  and  be  found  in  another 
State,  shall  on  Demand  of  the  executive  Authority  of  the  State 
from  which  he  fled,  be  delivered  up,  to  be  removed  to  the  State 
having  Jurisdiction  of  the  Crime. 

[3]  NO  Person  held  to  Service  or  Labour  in  one  State,  under 
the  Laws  thereof,  escaping  into  another,  shall,  in  Consequence 
of  any  Law  or  Regulation  therein,  be  discharged  from  such  Ser- 
vice or  Labour,  but  shall  be  delivered  up  on  Claim  of  the  Party 
to  whom  such  Service  or  Labour  may  be  due. 

SECTION.  3.  [1]  New  States  may  be  admitted  by  the  Congress 
into  this  Union ;  but  no  new  State  shall  be  formed  or  erected 
within  the  Jurisdiction  of  any  other  State ;  nor  any  State  be 
formed  by  the  Junction  of  two  or  more  States,  or  Parts  of  States, 
without  the  Consent  of  the  Legislatures  of  the  States  concerned 
as  well  as  of  the  Congress. 

[2]  The  Congress  shall  have  Power  to  dispose  of  and  make  all 


76        CONSTITUTION  OF  THE  UNITED  STATES. 

needful  Rules  and  Regulations  respecting  the  Territory  or  other 
Property  belonging  to  the  United  States ;  and  nothing  in  this 
Constitution  shall  be  so  construed  as  to  Prejudice  any  Claims 
of  the  United  States,  or  of  any  particular  State. 

SECTION.  4.  The  United  States  shall  guarantee  to  every  State 
in  this  Union  a  Republican  Form  of  Government,  and  shall  pro- 
tect each  of  them  against  Invasion,  and  on  Application  of  the 
Legislature,  or  of  the  Executive  (when  the  Legislature  cannot 
be  convened)  against  domestic  Violence. 

ARTICLE.  V. 

The  Congress,  whenever  two  thirds  of  both  Houses  shall  deem 
it  necessary,  shall  propose  Amendments  to  this  Constitution,  or, 
on  the  Application  of  the  Legislatures  of  two  thirds  of  the  sev- 
eral States,  shall  call  a  Convention  for  proposing  Amendments, 
which,  in  either  Case,  shall  be  valid  to  all  Intents  and  Purposes, 
as  Part  of  this  Constitution,  when  ratified  by  the  Legislatures  of 
three  fourths  of  the  several  States,  or  by  Conventions  in  three 
fourths  thereof,  as  the  one  or  the  other  Mode  of  Ratification 
may  be  proposed  by  the  Congress ;  Provided  that  no  Amend- 
ment which  may  be  made  prior  to  the  Year  one  thousand  eight 
hundred  and  eight  shall  in  any  Manner  affect  the  first  and  fourth 
Clauses  in  the  Ninth  Section  of  the  first  Article ;  and  that  no 
State,  without  its  Consent,  shall  be  deprived  of  its  equal  Suffrage 

in  the  Senate. 

ARTICLE.  VI. 

[1]  All  Debts  contracted  and  Engagements  entered  into,  before 
the  Adoption  of  this  Constitution,  shall  be  as  valid  against  the 
United  States  under  this  Constitution,  as  under  the  Confeder- 
ation. 

[2]  This  Constitution,  and  the  Laws  of  the  United  States  which 
shall  be  made  in  Pursuance  thereof;  and  all  Treaties  made,  or 
which  shall  be  made,  under  the  authority  of  the  United  States, 
shall  be  the  supreme  Law  of  the  Land ;  and  the  Judges  in  every 


CONSTITUTION  OF  THE  UNITED  STATES.        77 

State  shall  be  bound  thereby,  any  Thing  in  the  Constitution  or 
Laws  of  any  State  to  the  Contrary  notwithstanding. 

[3]  The  Senators  and  Representatives  before  mentioned,  and 
the  Members  of  the  several  State  Legislatures,  and  all  executive 
and  judicial  Officers,  both  of  the  United  States  and  of  the  sev- 
eral States,  shall  be  bound  by  Oath  or  Affirmation,  to  support 
this  Constitution ;  but  no  religious  Test  shall  ever  be  required 
as  a  Qualification  to  any  Office  or  public  Trust  under  the  United 

States. 

ARTICLE.  VII. 

The  Ratification  of  the  Conventions  of  nine  States,  shall  be 
sufficient  for  the  Establishment  of  this  Constitution  between  the 
States  so  ratifying  the  Same. 

DONE  in  Convention  by  the  Unanimous  Consent  of  the  States 
present  the  Seventeenth  Day  of  September  in  the  Year  of 
our  Lord  one  thousand  seven  hundred  and  Eighty  seven 
and  of  the  Independence  of  the  United  States  of  America 
the  Twelfth.  In  Witness  whereof  We  have  hereunto 
subscribed  our  Names, 

G°  WASHINGTON  — 

Presidt  and  deputy  from  Virginia 

NEW  HAMPSHIRE. 
JOHN  LANGDON  NICHOLAS  OILMAN 

MASSACHUSETTS. 
NATHANIEL  GORHAM  RUFUS  KING 

CONNECTICUT. 
WM  SAML  JOHNSON  ROGER  SHERMAN 

NEW  YORK. 

ALEXANDER  HAMILTON 

NEW  JERSEY. 

WIL  LIVINGSTON  DAVID  BREARLEY 

WM  PATERSON  JONA  DAYTON 


AMENDMENTS  TO  THE  CONSTITUTION. 


B  FRANKLIN 
ROBT  MORRIS 
THO  FITZSIMONS 
JAMES  WILSON 

GEO  READ 
JOHN  DICKINSON 
JACO  BROOM 

JAMES  M'HENRY 
DANL  CARROLL 

JOHN  BLAIR 

WM  BLOUNT 
Hu  WILLIAMSON 

J  RUTLEDGE 
CHARLES  PINCKNEY 


WILLIAM  FEW 


Attest : 


PENNSYLVANIA. 

THOMAS  MIFFLIN 
GEO  CLYMER 
JARED  INGERSOLL 
Gouv  MORRIS 

DELAWARE. 

GUNNING  BEDFORD,  Jun'r 
RICHARD  BASSETT 

MARYLAND. 

DAN  OF  ST  THOS  JENIFER 

VIRGINIA. 

JAMES  MADISON,  Jr 

NORTH   CAROLINA. 

RICH'D  DOBBS  SPAIGHT 

SOUTH   CAROLINA. 

CHARLES  COTESWORTH  PINCKNEY 
PIERCE  BUTLER 

GEORGIA. 

ABR  BALDWIN 

WILLIAM   JACKSON,  Secretary. 


ARTICLES  IN  ADDITION  TO,  AND  AMENDMENT  OF,  THE 
CONSTITUTION  OF  THE  UNITED  STATES  OF  AMERICA, 

Proposed  by  Congress,  and  ratified  by  the  Legislatures  of  the 
several  States,  pursuant  to  the  fifth  article  of  the  original 
Constitution. 

(ARTICLE  I.) 

Congress  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof;  or  abridging 


AMENDMENTS  TO  THE  LONSTfTUTfOM          79 

the  freedom  of  speech,  or  of  the  press  ;  or  the  right  of  the  peo- 
ple peaceably  to  assemble,  and  to  petition  the  Government  for  a 
redress  of  grievances. 

(ARTICLE  II.) 

A  well  regulated  Militia,  being  necessary  to  the  security  of  a 
free  State,  the  right  of  the  people  to  keep  and  bear  Arms,  shall 

not  be  infringed. 

(ARTICLE  III.) 

No  Soldier  shall,  in  time  of  peace  be  quartered  in  any  house, 
without  the  consent  of  the  Owner,  nor  in  time  of  war,  but  in  a 
manner  to  be  prescribed  by  law. 

(ARTICLE  IV.) 

The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated,  and  no  Warrants  shall  issue,  but  upon  prob- 
able cause,  supported  by  OatTTor  affirmation,  and  particularly 
describing  the  place  to  be  searched,  and  the  persons  or  things 

to  be  seized. 

(ARTICLE  V.) 

No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a 
Grand  Jury,  except  in  cases  arising  in  the  land  or  naval  forces, 
or  in  the  Militia,  when  in  actual  service  in  time  of  War  or  pub- 
lic danger ;  nor  shall  any  person  be  subject  for  the  same  offence 
to  be  twice  put  in  jeopardy  of  life  or  limb ;  nor  shall  be  com- 
pelled in  any  Criminal  Case  to  be  a  witness  against  himself,  nor 
be  deprived  of  life,  liberty,  or  property,  without  due  process  of 
law ;  nor  shall  private  property  be  taken  for  public  use,  without 

just  compensation. 

(ARTICLE  VI.) 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right 
to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State 
and  district  wherein  the  crime  shall  hive  been  committed,  which 


80          AMENDMENTS  TO  THE  CONSTITUTION. 

district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation  ;  to  be  con- 
fronted witfT  the  witnesses  against  him ;  to  have  Compulsory 
process  for  obtaining  Witnesses  in  his  favour,  and  to  have  the 
Assistance  of  Counsel  for  his  defence. 

(ARTICLE  VII.) 

In  Suits  at  common  law,  where  the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  pre- 
served, and  no  fact  tried  by  a  jury  shall  be  otherwise  re-examined 
in  any  Court  of  the  United  States,  than  according  to  the  rules  of 
the  common  law. 

(ARTICLE  VIII.) 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  and  unusual  punishments  inflicted. 

(ARTICLE  IX.) 

The  enumeration  in  the  Constitution,  of  certain  rights,  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the 

people. 

(ARTICLE  X.) 

The  powers  not  delegated  to  the  United  States  by  the  Con- 
stitution, nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively,  or  to  the  people. 

(ARTICLE  XI.) 

The  Judicial  power  of  the  United  States  shall  not  be  con- 
strued to  extend  to  any  suit  in  law  or  equity,  commenced  or 
prosecuted  against  one  of  the  United  States  by  Citizens  of  an- 
other State,  or  by  Citizens  or  Subjects  of  any  Foreign  State. 

(ARTICLE  XII.) 

The  Electors  shall  meet  in  their  respective  states,  and  vote 
by  ballot  for  President  and  Vice-President,  one  of  whom,  at 


AMENDMENTS  TO  THE  CONSTITUTION.          8 1 

least,  shall  not  be  an  inhabitant  of  the  same  state  with  them- 
selves ;  they  shall  name  in  their  ballots  the  person  voted  for  as 
President,  and  in  distinct  ballots  the  person  voted  for  as  Vice- 
President,  and  they  shall  make  distinct  lists  of  all  persons  voted 
for  as  President,  and  of  all  persons  voted  for  as  Vice- President, 
and  of  the  number  of  votes  for  each,  which  lists  they  shall  sign 
and  certify,  and  transmit  sealed  to  the  seat  of  the  government  of 
the  United  States,  directed  to  the  President  of  the  Senate;  — 
The  President  of  the  Senate  shall,  in  presence  of  the  Senate 
and  House  of  Representatives,  open  all  the  certificates  and  the 
votes  shall  then  be  counted;  —  The  person  having  the  greatest 
number  of  votes  for  President,  shall  be  the  President,  if  such 
number  be  a  majority  of  the  whole  number  of  Electors  ap- 
pointed ;  and  if  no  person  have  such  majority,  then  from  the 
persons  having  the  highest  numbers  not  exceeding  three  on  the 
list  of  those  voted  for  as  President,  the  House  of  Representa- 
tives shall  choose  immediately,  by  ballot,  the  President.  But 
in  choosing  the  President,  the  votes  shall  be  taken  by  states, 
the  representation  from  each  state  having  one  vote ;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members  from 
two-thirds  of  the  states,  and  a  majority  of  all  the  states  shall  be 
necessary  to  a  choice.  And  if  the  House  of  Representatives 
shall  not  choose  a  President  whenever  the  right  of  choice  shall 
devolve  upon  them,  before  the  fourth  day  of  March  next  follow- 
ing, then  the  Vice- President  shall  act  as  President,  as  in  the  case 
of  the  death  or  other  constitutional  disability  of  the  President. 
—  The  person  having  the  greatest  number  of  votes  as  Vice-Pres- 
ident, shall  be  the  Vice-President,  if  such  number  be  a  majority 
of  the  whole  number  of  Electors  appointed,  and  if  no  person 
have  a  majority,  then  from  the  two  highest  numbers  on  the  list, 
the  Senate  shall  choose  the  Vice-President ;  a  quorum  for  the 
purpose  shall  consist  of  two-thirds  of  the  whole  number  of 
Senators,  and  a  majority  of  the  whole  number  shall  be  neces- 
sary to  a  choice.  But  no  person  constitutionally  ineligible  to 


82          AMENDMENTS  TO  THE  CONSTITUTION. 

the  office  of  President  shall  be  eligible  to  that  of  Vice- President 
of  the  United  States. 

(ARTICLE  XIII.) 

SECTION  i.  Neither  slavery  nor  involuntary  servitude,  except 
as  a  punishment  for  crime  whereof  the  party  shall  have  been 
duly  convicted,  shall  exist  within  the  United  States,  or  any  place 
subject  to  their  jurisdiction. 

SECT.  2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

(ARTICLE  XIV.) 

SECTION  i.  All  persons  born  or  naturalized  in  the  United 
States,  and  subject  to  the  jurisdiction  thereof,  are  citizens  of 
the  United  States,  and  of  the  State  wherein  they  reside.  No 
State  shall  make  or  enforce  any  law  which  shall  abridge  the 
privileges  or  immunities  of  citizens  of  the  United  States ;  nor 
shall  any  State  deprive  any  person  of  life,  liberty,  or  property 
without  due  process  of  law,  nor  deny  to  any  person  within  its 
jurisdiction  the  equal  protection  of  the  laws. 

SECT.  2.  Representatives  shall  be  apportioned  among  the 
several  States,  according  to  their  respective  numbers,  counting 
the  whole  number  of  persons  in  each  State,  excluding  Indians 
not  taxed.  But  when  the  right  to  vote  at  any  election  for  the 
choice  of  electors  for  president  and  vice-president  of  the  United 
States,  representatives  in  Congress,  the  executive  and  judicial 
officers  of  a  State,  or  the  members  of  the  legislature  thereof,  is 
denied  to  any  of  the  male  inhabitants  of  such  State,  being 
twenty-one  years  of  age,  and  citizens  of  the  United  States,  cr  in 
any  way  abridged,  except  for  participation  in  rebellion  or  other 
crimes,  the  basis  of  representation  shall  be  reduced  in  the  pro- 
portion which  the  number  of  such  male  citizens  shall  bear  to 
the  whole  number  of  male  citizens,  twenty-one  years  of  age,  in 
such  State. 

SECT.  3.   No  person  shall  be  a  senator  or  representative  in 


AMENDMENTS  TO  THE  CONSTITUTION.          83 

Congress,  or  elector  of  president  or  vice-president,  or  hold  any 
office,  civil  or  military,  under  the  United  States  or  under  any 
State,  who  having  previously  taken  an  oath  as  a  member  of 
Congress,  or  as  an  officer  of  the  United  States,  or  as  a  member 
of  any  State  legislature,  or  as  an  executive  or  judicial  officer  of 
any  State,  to  support  the  Constitution  of  the  United  States,  shall 
have  engaged  in  insurrection  or  rebellion  against  the  same,  or 
given  aid  or  comfort  to  the  enemies  thereof.  But  Congress 
may  by  a  vote  of  two-thirds  of  each  house  remove  such  disa- 
bility. 

SECT.  4.  The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of  pen- 
sions and  bounties  for  services  in  suppressing  insurrection  or 
rebellion,  shall  not  be  questioned.  But  neither  the  United 
States,  nor  any  State,  shall  assume  or  pay  any  debt  or  obliga- 
tion incurred  in  aid  of  insurrection  or  rebellion  against  the 
United  States,  or  any  claim  for  the  loss  or  emancipation  of  any 
slave ;  but  all  such  debts,  obligations,  and  claims  shall  be  held 
illegal  and  void. 

SECT.  5.  The  Congress  shall  have  power  to  enforce  by  appro- 
priate legislation  the  provisions  of  this  article. 

(ARTICLE  XV.) 

SECTION  i.  The  right  of  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States,  or  by  any 
State,  on  account  of  race,  color,  or  previous  condition  of  servi- 
tude. 

SECT.  2.  The  Congress  shall  have  power  to  enforce  this  arti- 
cle by  appropriate  legislation. 


CHAPTER   I. 

THE    PREAMBLE. 

THE  constitution  is  the  fundamental  law  of  the  coun- 
try. It  may  be  written  in  one  document,  as  in  our 
case,  or  it  may  be  made  up  of  judicial  decisions,  legisla- 
tive acts,  concessions  from  the  crown  to  the  people, 
etc.,  as  in  the  case  of  Great  Britain.  Our  written  con- 
stitution gives  us  great  advantages  over  those  countries 
where  the  constitution  does  not  consist  of  one  written 
document.  Our  government  is  necessarily  more  sys- 
tematic and  uniform  in  its  operations  than  would  be 
possible  without  the  written  constitution. 

This  constitution  enumerates  the  principles  embodied 
in  the  government,  the  political  rights  of  the  citizens, 
and  analyzes  the  powers  of  the  government,  showing 
how  they  are  organized,  distributed,  and  administered. 

Any  act  of  congress  and  any  act  of  a  state  legis- 
lature, which  should  be  pronounced  by  the  supreme 
court  of  the  United  States  contrary  to  the  constitution, 
would  be  null  and  void.  The  constitution  is  "the 
supreme  law  of  the  land." 

THE  PREAMBLE.  —  The  constitution  commences  with 
the  following  declaration  :  "  We,  the  people  of  the  United 
States,  in  order  to  form  a  more  perfect  union,  establish 
justice,  insure  domestic  tranquillity,  provide  for  the  com- 
mon defence,  promote  the  general  welfare,  and  secure  the 
blessings  of  liberty  to  ourselves  and  our  posterity,  d& 


THE  PREAMBLE.  85 

ordain   and  establish   this  constitution  for  the    United 
States  of  America." 

This  part  of  £he  constitution  is  termed  the  "  Pream- 
ble." This  term  is  sometimes  applied  to  the  enacting 
clause  of  a  statute  or  law.  In  that  case  it  declares  the 
design  or  motive  of  the  law,  and  is  substantially  the 
enacting  clause  ;  for  instance,  in  Michigan,  it  may  be  : 
"The  people  of  the  state  of  Michigan  enact,"  or,  in  the 
case  of  the  congress  :  "  Be  it  enacted  by  the  senate  and 
house  of  representatives  of  the  United  States  in  con- 
gress assembled."  In  Rhode  Island  the  form  observed 
is :  "  It  is  enacted  by  the  general  assembly  as  fol- 
lows." 

This  preamble  is  a  part  of  the  constitution  itself,  and 
not  merely  an  enacting  clause.  It  contains  several 
important  lessons  for  us  to  study. 

In  the  first  place,  it  should  be  observed  that  the  source 
of  power  is  here  perfectly  authoritative,  being  the  people: 
"We,  the  people  of  the  United  States,  do  ordain  and 
establish  this  constitution."  The  language  is  explicit 
and  peremptory:  "ordain  and  establish."  It  is  definite 
in  regard  to  the  subject:  "this  constitution."  It  is 
broad,  extensive,  and  distinct  in  its  purposes  and  ends, 
—  "justice,"  "tranquillity,"  "defence,"  "welfare,"  "lib- 
erty." 

To  summarize,  we  have  here  :  — 

(1)  The  authority,  "We,  the  people  of  the  United 
States." 

(2)  The  ends  for  which  the  constitution  was  made. 
These  ends  are  given  in  six  particulars. 

(3)  The  ordaining  and  establishing  this  constitution. 

(4)  The  nation  by  name,  for  which  this  constitution 


86  THE  PREAMBLE. 

is  to  become  the  supreme  law  :  "  The  United  States  of 
America." 

Some  important  inferences  are  to  be  drawn  from  the 
peculiar  phraseology  of  this  preamble.  It  was  ordained 
by  the  people  of  the  United  States  as  a  nation.  The 
people  having  cast  off  their  allegiance  to  Great  Britain, 
and  having  become  a  separate  nation,  had  the  right  to 
establish,  and  so  did  establish,  this  constitution  by  which 
they  were  to  be  governed.  They  assumed  a  national 
name:  "The  United  States  of  America."  The  princi- 
ples for  which  the  constitution  was  established  are 
stated  with  fulness  and  great  clearness :  — 

(1)  To  form  a  more  perfect  union. 

(2)  To  establish  justice. 

V3)  To  insure  domestic  tranquillity. 

(4)  To  provide  for  the  common  defence. 

(5)  To  promote  the  general  welfare. 

(6)  To  secure  the  blessmgs  of  liberty  to  themselves 
and  their  posterity. 


CHAPTER  II. 

THE  THREE  DEPARTMENTS  OF  GOVERNMENT. 

BEFORE  considering  the  separate  articles  of  the  con- 
stitution it  is  necessary  to  observe  that  the  powers  of 
government,  whether  national  or  state,  are  under  three 
heads:  — 

(1)  The  legislative  power. 

(2)  The  executive  power. 

(3)  The  judicial  power. 

The  legislative  power  is  the  power  of  the  law-making 
branch  of  the  government,  under  whatever  form  it  may 
be,  whether  the  whole  people  assembled  in  town  meet- 
ing, the  city  council,  the  state  legislature,  in  one  body 
or  in  two  bodies,  as  it  may  be ;  or  the  national  legisla- 
ture, in  one  body,  as  was  the  continental  congress,  or  in 
two  bodies,  as  is  the  case  now  under  the  constitution. 

After  the  laws  are  enacted  it  is  necessary  that  they 
should  be  executed,  and  the  proper  execution  of  them 
must  become  a  duty  of  some  specified  officer  or  officers. 
It  is  better  that  there  should  be  one  executive  head, 
rather  than  that  the  power  should  be  divided  among 
several  persons.  Hence  we  have  as  the  executive  of  a 
city,  the  mayor ;  of  the  state,  the  governor  ;  of  the  nation, 
the  president. 

Then  the  judicial  power  supplements  these  two  by 
interpreting  and  defining  the  meaning  of  the  laws,  and 
rendering  decisions  in  individual  cases.  It  is  sometimes 


88   THREE  DEPARTMENTS  OF  GOVERNMENT. 

supposed  that  these  three  departments  of  government 
are  absolutely  distinct  and  separate  from  each  other ; 
this,  however,  is  not  the  case,  and  cannot  be. 

The  peculiar  form  of  our  government  grew  up  out  of 
the  circumstances  in  which  the  people  found  themselves 
at  the  time  the  government  was  organized.  Our  gov- 
ernment took  on  many  forms  from  Great  Britain.  In 
that  country  the  legislative  power  included  the  house 
of  lords  and  the  house  of  commons.  From  this  arose 
in  the  colonies,  and  also  in  the  nation,  the  lower  house, 
as  it  was  called,  that  is,  the  house  of  representatives,  and 
the  council,  which  composed  the  upper  house.  More- 
over, when  the  constitution  was  framed,  there  was  jeal. 
ousy  between  the  larger  and  the  smaller  states.  From 
these  facts  came  the  division  of  the  legislative  depart- 
1  ment  into  two  branches  :  the  senate,  to  represent  the 
equality  of  the  states ;  and  the  house  of  representatives, 
to  represent  the  people.  In  this  respect  the  states  have 
all  agreed,  and  in  their  constitutions,  have  followed  the 
same  course. 

The  constitution  contains  seven  articles  :  — 

Article  I.  relates  to  the  legislative  power. 

Article  II.  relates  to  the  executive  power. 

Article  III.,  to  the  judicial  power. 

Article  IV.,  to  various  subjects. 

Article  V.,  to  the  mode  of  amending  the  constitution. 

Article  VI.,  to  the  validity  of  contracts  made  prior  to 
the  constitution  and  to  its  supremacy. 

Article  VII.,  to  the  mode  of  its  ratification. 

Since  the  adoption  of  the  constitution,  fifteen  amend- 
ments  have  been  added,  which  are  just  as  binding  as 
the  original  articles. 


CHAPTER   III. 

ARTICLE    I  :   THE    LEGISLATIVE    DEPARTMENT. 

SECTION  i.  "All  legislative  powers  herein  granted 
s/iall  be  vested  in  a  congress  of  the  United  States,  which 
shall  consist  of  a  senate  and  house  of  representatives." 

The  legislative  department  is  in  some  respects  the 
most  important  branch  of  our  government.  This  depart- 
ment consists  of :  — 

(1)  The  senate. 

(2)  The  house  of  representatives. 

(3)  The  president  (with  the  veto  power). 

In  the  several  states  the  law-making  power  consists  of — 

(1)  The  senate. 

(2)  The  house  of  representatives. 

(3)  The    governor  (with   the   veto    power   in    many 
states). 

In  the  national  legislature  the  senate  represents  the 
states,  and  the  house  of  representatives  represents  the 
people.  In  the  states  these  two  houses,  which  are  some- 
times called  the  upper  and  lower  house,  form  what  is  in 
many  states  called  the  general  assembly,  sometimes  the 
legislature,  or  the  general  court. 

In  the  states  the  house  of  representatives  usually  rep- 
resents the  population  ;  and  the  senate,  counties  or  dis- 
tricts. There  are  advantages  in  dividing  the  legislative 
power  between  two  houses.  Among  them  are  the  fol- 
lowing :  Hasty  legislation  under  some  temporary  excite- 


90  THE  LEGISLATIVE  DEPARTMENT. 

ment  is  checked  by  the  delay  necessary  in  considering 
a  bill  in  two  separate  bodies  of  men.  Ample  time  is 
thus  secured  for  reflection  and  inquiry.  Laws  are  less 
likely  to  be  passed  from  private  and  personal  influence, 
and  for  private  and  personal  ends.  The  laws  are  likely 
to  be  framed  more  wisely,  because  after  being  passed 
by  one  house,  they  may  be  altered  and  revised  in  the 
other. 

SECTION  2,  CLAUSE  I.  "  The  house  of  representa- 
tives shall  be  composed  of  members  chosen  every  second 
year  by  the  people  of  the  several  states,  and  the  electors  in 
each  state  shall  have  the  qualifications  requisite  for  elec- 
tors of  the  most  numerous  branch  of  the  state  legislature" 

Here  are  three  statements  :  — 

(1)  The  members  of  the  house  are  chosen  for  two 
years. 

(2)  They  are  chosen  by  the  "people  of  the  several 
states." 

(3)  The  qualifications  for  voting  for  a  representative 
in  congress  are  the  same  as  the  qualifications  fixed  by 
each  state,  for  voting  for  a  member  of  the  house  of  rep- 
resentatives in  that  state ;  that  is,  whoever  is  qualified 
under  the  state  law  to  vote  for  a  member  of  the  house  of 
representatives  in  that  state,  is  qualified   according  to 
this  constitution  to  vote  for  a  member  of  the  national 
house  of  representatives. 

The  first  congress  went  into  operation  March  4,  1789, 
the  members  of  the  house  holding  their  seats  for  two 
years.  On  the  4th  of  March,  therefore,  in  every  second 
year,  —  in  other  words,  in  all  the  odd  years,  —  a  new  con- 
gress begins  its  term. 

CLAUSE  2. v  "  No  person  shall  be  a  representative  who 


THE  LEGISLATIVE  DEPARTMENT.  91 

shall  not  have  attained  to  the  age  of  twenty-five  years, 
and  been  seven  years  a  citizen  of  the  United  States,  and 
who  shall  not,  when  elected,  be  an  inhabitant  of  that 
state  in  which  he  shall  be  chosen." 

The  qualifications  for  a  member  of  the  national  house 
are  three :  — 

(1)  He  must  be  at  least  twenty-five  years  of  age. 

(2)  He  must  have  been  for  seven  years  a  citizen  of 
the  United  States. 

(3)  He  must  be  an  inhabitant  of  the  state  in  which 
he  shall  be  chosen  ;  that  is,  he  must  be  living  in  that 
state  at  the  time  of  the  election.     It  is  not  necessary 
that  he  should  have  lived   there  long  enough  to  have 
acquired  a  legal  residence. 

These  are  the  only  qualifications  for  a  representative 
required 'by  the  constitution,  and  the  states  have  no 
right  to  require  additional  qualifications. 

ARTICLE  XIV.  OF  THE  AMENDMENTS,  SECTION  2, 
CLAUSE  i.  "Representatives  shall  be  apportioned  among 
tJic  several  states  according  to  their  respective  numbers, 
counting  the  whole  number  of  persons  in  each  state,  ex- 
cluding Indians  not  taxed" 

This  clause  takes  the  place  of  the  third  clause  in  the 
section  we  are  now  considering. 

The  original  constitution  included  in  this  basis  of 
representation  three-fifths  of  the  slaves.  Here  was  one 
of  the  compromises  between  the  free  states  and  the 
slave  states  in  the  formation  of  the  constitution.  Hap- 
pily slavery  is  now  abolished,  and  the  amendment  as 
stated  above  is  now  in  force. 

SECTION  2,  PART  OF  CLAUSE  3.  "  The  number  of 
representatives  shall  not  exceed  one  for  every  thirty  thou- 


92  THE  LEGISLATIVE  DEPARTMENT. 

sandy  but  each  state  shall  have  at  least  one  representa- 
tive." 

The  number  of  representatives,  which  is  fixed  by  a 
law  of  congress  once  in  ten  years,  has  increased  from 
sixty-five,  in  1789,  to  three  hundred  and  twenty-five  for 
the  present  decade,  1883  to  1893.  The  population  for 
one  representative  has  increased  from  thirty-three  thou- 
sand in  1789  to  one  hundred  and  fifty-one  thousand 
nine  hundred  and  twelve  for  the  present  decade. 

CLAUSE  5.  "  The  house  of  representatives  shall  choose 
their  speaker  and  other  officers,  and  shall  have  the  sole 
power  of  impeachment" 

The  speaker  is  the  presiding  officer  of  the  house,  and 
the  other  officers  are  :  — 

(1)  Clerk. 

(2)  Sergeant-at-arms. 

(3)  Door-keeper. 

(4)  Postmaster. 

(5)  Chaplain. 

In  case  the  president  or  any  officer  of  the  United 
States  is  to  be  impeached,  the  articles  of  impeachment 
are  framed  by  the  house  of  representatives,  and  the 
senate  has  the  sole  power  to  try  the  person  impeached. 
If  it  is  proposed  that  an  officer  should  be  impeached, 
the  house  appoints  a  committee  to  inquire  into  the 
conduct  of  that  officer.  If  it  reports  in  favor  of  im- 
peachment, the  house  votes  upon  that  question ;  and  if 
a  majority  vote  for  impeachment,  then  articles  are  pre- 
pared, which  embody  the  charges  made,  and  a  vote 
is  taken  upon  these  charges.  A  committee  is  then 
appointed  to  prosecute  the  impeachment  before  the 
senate. 


WOOU  N011eI303U 

,S3iavn 


CHAPTER   IV. 

THE    SENATE. 

SECTION  3,  CLAUSE  i.  "  The  senate  of  the  United 
States  shall  be  composed  of  two  senators  from  each  state, 
chosen  by  the  legislature  thereof,  for  six  years ;  and  each 
senator  shall  have  one  vote." 

This  peculiar  composition  of  the  senate  grew  out  of 
the  natural  jealousy  existing  between  the  states.  At 
the  declaration  of  independence  the  several  colonies 
became  states  without  changing  their  boundaries. 
The  little  colony  of  Rhode  Island  became  the  state 
of  Rhode  Island.  The  immense  territory  of  Virginia 
was  included  in  the  state  of  Virginia.  From  the  be- 
ginning, in  the  continental  congress,  all  votes  were 
taken  by  states,  each  state  having  one  vote.  The 
small  states,  therefore,  had  equal  votes  with  the  larger 
ones ;  and  this  basis  of  representation  was  continued 
under  the  articles  of  confederation.  When  the  fed- 
eral convention  undertook  to  form  a  constitution,  the 
smaller  states  were  fearful  that  they  should  be  com- 
pelled to  lose  their  equal  rights ;  hence  Rhode  Island 
refused  to  send  delegates  to  the  convention,  and  there- 
fore had  no  hand  in  drafting  the  constitution.  Indeed, 
after  it  was  adopted  by  the  other  states,  she  remained 
outside  of  the  new  union  for  more  than  a  year  after 
Washington  had  been  inaugurated  president.  After 
considerable  discussion  in  the  federal  convention,  a 


94 


THE  SENATE. 


compromise  was  effected,  by  which  the  basis  of  popu- 
lation was  adopted  for  constituting  the  house  of  repre- 
sentatives, and  the  equality  of  the  states  was  retained 
in  the  senate. 

This  clause  states:  — 

(1)  There  shall  be  two  senators  from  each  state. 

(2)  They  shall  be  chosen  by  the  legislature  of  the 
state. 

(3)  They  shall  be  chosen  for  the  term  of  six  years. 

(4)  Each  senator  shall  have  one  vote. 

In  regard  to  the  mode  in  which  the  legislatures  are  to 
choose  the  senators,  the  constitution  is  silent. 

By  an  act  of  congress  passed  July  25,  1866,  it  is  pro- 
vided that  when  the  legislature  of  any  state  is  to  elect  a 
senator  in  congress,  it  shall  proceed  to  the  election  of 
such  senator  on  the  second  Tuesday  after  the  organiza- 
tion of  the  legislature,  and  the  election  shall  be  con- 
ducted as  follows :  — 

Each  house  shall,  by  a  viva  voce  vote,  name  a  person 
for  senator,  and  the  name  of  the  person  who  receives  a 
majority  vote  shall  be  entered  in  the  journal  of  the 
house.  If  the  house  fails  to  give  such  a  majority  to  any 
person,  that  fact  shall  be  entered  on  the  journal.  On 
the  next  day  at  twelve  o'clock  the  members  of  the  two 
houses  shall  convene  in  joint  assembly,  and  the  journal 
of  each  house  shall  be  read,  and  if  the  same  person  has 
received  a  majority  of  all  the  votes  in  each  house,  he 
shall  be  declared  fully  elected  senator.  If  no  one  has 
such  a  majority,  the  joint  assembly  shall  choose,  by  a 
viva  voce  vote  of  each  member  present,  a  person  for 
senator.  The  person  having  a  majority  of  all  the  votes 
of  the  joint  assembly  shall  be  declared  elected.  If  there 


THE  SENATE.  95 

is  no  election  that  day,  the  joint  assembly  shall  meet  at 
twelve  o'clock  on  each  succeeding  day,  and  shall  take  at 
least  one  vote  each  day  until  a  senator  is  elected. 

The  senators  are  divided  into  three  classes,  and  as 
they  are  chosen  for  six  years,  one  third  of  the  whole 
number  is  chosen  every  second  year.  The  representa- 
tives are  chosen  for  two  years,  which  is  the  length  of 
time  covered  by  one  congress.  Whenever  a  new  con- 
gress convenes,  one-third  of  the  senators  are  either  new 
members,  or  have  been  re-elected  for  a  new  term.  It 
will  be  observed,  that  as  one-third  of  the  senators  go 
out  of  office  every  two  years,  the  senate  is  a  continuous 
body ;  while  the  members  of  the  house  are  all  swept  off 
at  once,  and  a  new  election  brings  in  a  new  house  every 
second  year. 

CLAUSE  3.  "No  person  shall  be  a  senator  who  shall 
not  have  attained  to  the  age  of  thirty  years,  and  been  nine 
years  a  citizen  of  the  United  States,  and  who  shall  not, 
when  elected,  be  an  inhabitant  of  that  state  for  which  he 
sJiall  be  chosen." 

The  qualifications  of  a  senator  are  three :  — 

(1)  He  must  be  at  least  thirty  years  of  age. 

(2)  He  must  have  been  nine  years  a  citizen  of  the 
United  States. 

,(3)  He  must,  when  elected,  be  an  inhabitant  of  the 
state  for  which  he  is  chosen. 

No  restriction  is  placed  upon  a  senator  as  to  property 
or  religious  belief.  It  is  not  necessary  that  he  should 
have  resided  in  the  state  for  any  definite  length  of  time. 
He  does  not  forfeit  his  seat  in  the  senate  if  he  ceases  to 
be  an  inhabitant  of  the  state  for  which  he  was  chosen. 
The  legislature  of  his  state  cannot  recall  him.  He  is 


96 


THE  SENATE. 


eligible  to  re-election.  Several  examples  are  on  record 
of  senators  who  have  served  their  state  for  more  than 
twenty-five  years. 

CLAUSE  4.  "  The  vice-president  of  the  United  States 
shall  be  president  of  the  senate,  but  shall  have  no  vote 
unless  they  be  equally  divided." 

The  vice-president  is  chosen  to  succeed  to  the  presi- 
dency in  case  there  should,  for  any  cause,  be  a  vacancy 
during  the  term  of  four  years  for  which  the  president 
had  been  elected.  But  for  this  clause,  the  vice-president, 
so  long  as  the  president  continued  in  office,  would  have 
no  duties.  The  presiding  officer  of  the  house  is  a  mem- 
ber of  the  house.  In  the  senate,  as  each  state  has  an 
equal  voice,  it  seemed  desirable  that  the  presiding  officer 
should  not  be  a  member  of  the  senate.  Moreover,  the 
vice-president  would  probably  be  more  impartial  as  a 
presiding  officer  than  a  senator  would  be,  since  he  is 
elected  by  the  whole  country,  and  not  by  a  single 
state. 

CLAUSE  5.  "  The  senate  shall  choose  their  officers,  and 
also  a  president  PRO  TEMPORE,  in  the  absence  of  the  vice- 
president ',  or  when  he  shall  exercise  the  office  of  president 
of  the  United  States" 

The  officers  of  the  senate  are  :  — 

(1)  A  secretary. 

(2)  Chief  clerk. 

(3)  Executive  clerk. 

(4)  Sergeant-at-arms. 

(5)  Door-keeper. 

(6)  Chaplain. 

When  the  vice-president  becomes  president  of  the 
United  States,  the  president  pro  tempore  receives  the 


THE  SENATE. 


97 


salary  of  the  vice-president.  The  president  pro  tempore 
is  not  restricted  to  a  casting  vote.  He  has  his  vote  as 
a  senator  upon  all  questions. 

CLAUSE  6.  "  The  senate  shall  have  the  sole  power  to 
try  all  impeachments.  When  sitting  for  that  purpose, 
they  shall  be  on  oath  or  affirmation.  WJien  the  president 
of  the  United  States  is  tried,  the  chief  justice  shall  pre- 
side, and  no  person  shall  be  convicted  without  the  concur- 
rence of  tivo-thirds  of  the  members  present." 

There  have  been  seven  cases  of  impeachment  under 
the  constitution  :  — 

(1)  That   of    William  Blount,   senator,  in   1799;  ac- 
quitted. 

(2)  John   Pickering,  judge,   1803;   convicted  and  re- 
moved from  office. 

(3)  Samuel  Chase,  judge,  1804;  acquitted. 

(4)  James  H.  Peck,  judge,  1830;  acquitted. 

(5)  West  H.  Humphries,  judge,  1862;  convicted. 

(6)  Andrew  Johnson,  president,  1868;  acquitted. 

(7)  W.  W.  Belknap,  secretary  of  war,  1876;  acquitted. 
CLAUSE  7.    "  Judgment  in  cases  of  impeachment  shall 

not  extend  further  than  to  removal  from  office,  and  dis- 
qualification to  hold  and  enjoy  any  office  of  honor,  trust, 
or  profit  under  the  United  States  ;  but  the  party  convicted 
shall  nevertheless  be  liable  and  subject  to  indictment,  trial, 
judgment,  and  punishment,  according  to  law" 

In  a  subsequent  article  it  is  provided  that  a  civil  offi- 
cer of  the  United  States  who  shall  have  been  impeached 
and  convicted  "  shall  be  removed  from  office."  This 
clause  provides,  furthermore,  that  he  may  be  punished 
by  disqualification  to  hold  office. 

If  the  senate  convict  an  officer  on  impeachment,  the 


98 


THE  SENATE. 


punishment  cannot  be  less  than  removal  from  office,  nor 
can  it  be  greater  than  removal  and  disqualification  com- 
bined. Judge  Pickering  was  removed  from  office  only. 
Judge  Humphries  was  removed  and  disqualified. 


CHAPTER  V. 

PROVISIONS    RELATING   TO    BOTH    HOUSES    OF    CONGRESS. 

SECTION  4,  CLAUSE  2.  "  The  congress  shall  assemble 
at  least  once  in  every  year,  and  such  meeting  shall  be  on 
the  first  Monday  in  December,  unless  they  shall  by  law 
appoint  a  different  day." 

This  clause  makes  it  obligatory  upon  each  congress 
to  have  at  least  two  sessions.  A  new  congress  comes 
into  existence  on  the  fourth  of  March  in  each  odd  year. 
The  first  regular  session  will  begin  on  the  first  Monday 
of  December  following.  This  session  may  hold,  if  the 
two  houses  choose,  through  the  entire  year,  or 
they  may  adjourn  at  any  time  during  the  year.  Their 
second  regular  session  must  begin  on  the  first  Monday 
of  December  following,  and  that  session  must  close  by 
the  4th  of  March  following,  when  the  new  congress 
comes  into  existence. 

SECTION  5,  CLAUSE  I.  "Each  house  shall  be  the  judge 
of  the  elections,  returns,  and  qualifications  of  its  own  mem- 
bers,  and  a  majority  of  each  shall  constitute  a  quorum  to 
do  business  ;  but  a  smaller  number  may  adjourn  from  day 
to  day,  and  may  be  authorized  to  compel  the  attendance  of 
absent  members,  in  such  manner  and  under  such  penalties 
as  each  house  may  provide" 

This  is  an  important  provision.  On  general  principles 
it  might  be  supposed  that  as  these  senators  and  repre- 
sentatives are  elected  by  the  several  states,  the  certifi- 


100     PROVISIONS  RELATING  TO  BOTH  HOUSES. 

cate  of  election  furnished  by  the  state  would  be  conclu- 
sive evidence  that  the  person  holding  it  is  entitled  to  a 
seat,  but  this  clause  makes  each  house  the  judge  of  the 
election,  returns,  and  qualifications  of  its  own  members. 

Were  this  power  not  given  to  congress,  a  state,  if  it 
chose,  could  violate  the  provisions  of  the  constitution, 
and  send  persons  to  congress  who  were  not  eligible,  or 
a  party  in  power  in  that  state  might  furnish  a  certificate 
of  election  to  the  wrong  person,  thus  depriving  the 
majority  of  their  rights.  Each  house  has  a  committee 
on  elections,  to  whom  all  doubtful  cases  are  referred. 
This  committee  makes  its  report,  and  the  house  decides 
by  a  majority  vote.  From  this  decision  there  is  no 
appeal. 

SECTION  5,  CLAUSE  2.  "Each  house  may  determine 
the  rules  of  its  proceedings,  punish  its  members  for  dis- 
orderly behavior,  and  with  the  concurrence  of  two-thirds, 
expel  a  member." 

It  is  the  custom  at  the  beginning  of  each  congress, 
for  each  house  to  adopt  the  rules  of  that  house  in  the 
previous  congress,  and  a  committee  is  appointed  to  re- 
port new  rules. 

The  power  to  punish  a  member  has  been  exercised 
by  each  house.  William  Blount,  senator  from  Ten- 
nessee, was  expelled  from  the  senate  in  1797;  and 
Jesse  D.  Bright,  senator  from  Indiana,  was  expelled 
in  1863.  Senator  Blount  was  impeached,  and  on  his 
trial  the  senate  decided  that  a  member  of  either  house 
of  congress  was  not  an  officer  of  the  United  States, 
within  the  meaning  of  the  law. 

Preston  S.  Brooks,  a  member  of  the  house  from  South 
Carolina,  was  censured  by  the  house  for  his  assault  on 


COMPENSATION'  OF  CONGRESSMEN. 

senator  Sumner,  but  was  not  expelled.  He  resigned 
his  seat,  and  was  re-elected  without  opposition. 

SECTION  6,  CLAUSE  I.  "  The  senators  and  representa- 
tives  shall  receive  a  compensation  for  their  services,  to  be 
ascertained  by  law,  and  paid_QML-  of  the  treasury  of  the 
United  States.  They  shall  in  all  cases,  except  treason, 
felony,  and  breach  of  the  peace^  be  privileged  from  arrest 
~Buring  tJicir  attendance  at  the  session  of  their  respective 
houses  and  in  going  to  and  returning  from  the  same;  and 
for  any  speech  or  debate  in  either  house,  tliey  sliall  not  be 
questioned  in  any  other  place" 

Although  the  members  of  congress  are  elected  by  the 
several  states,  this  clause  provides  that  they  be  paid  out 
of  the  national  treasury.  Under  the  articles  of  confed- 
eration, each  state  paid  its  own  members  of  congress. 
In  the  British  Parliament  the  members  receive  no  com- 
pensation. 

It  was  supposed  by  many  members  of  the  federal 
convention  that  the  senate  would  represent  the  wealth 
of  the  country.  This  to  a  great  extent  has  proved  true. 
The  proposition  was  made  in  the  convention,  that  no 
salary  be  allowed  to  the  senators.  This  proposition  re- 
ceived the  approval  of  Dr.  Franklin,  but  it  was  voted 
down  by  a  bare  majority.  Congress  has,  from  time  to 
time,  increased  the  compensation  of  its  members  from 
six  dollars  a  day  in  the  house,  and  seven  dollars  a  day  in 
the  senate,  until,  by  a  law  passed  in  1874,  the  compen- 
sation of  each  senator  was  fixed  at  five  thousand  dollars 
per  annum,  and  the  salary  of  each  representative  at  five 
thousand  dollars.  The  pay  of  the  speaker  of  the  house 
and  of  the  vice-president,  or  if  there  is  none,  the  presi- 
dent of  the  senate  pro  tempore,  is  eight  thousand  dollars 


102     PROVISIONS  RELATING  TO  BOTH  HOUSES. 

per  annum.  In  addition  to  his  salary  every  member  of 
either  house  is  allowed  mileage,  in  coming  and  going 
between  his  home  and  congress,  twenty  cents  per  mile 
for  every  mile  of  travel  by  the  usual  route. 

CLAUSE  2.  "No  senator  or  representative  shall,  during 
the  time  for  which  he  was  elected,  be  appointed  to  any  civil 
office  under  the  authority  of  the  United  States,  which  shall 
have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased,  during  such  time  ;  and  no  person  holding 
any  office  under  the  United  States  shall  be  a  member  of 
either  house  during  his  continuance  in  office" 

The  object  of  the  first  part  of  this  clause  was  to  pre- 
vent corruption,  by  diminishing  the  temptation  to  create 
remunerative  offices  to  be  filled  by  the  members  them- 
selves. Unlike  the  British  Parliament,  this  prevents 
cabinet  officers  from  being  members  of  congress. 

SECTION  7,  CLAUSE  i.  "All  bills  for.  raising  revenue 
shall  originate  in  the  house  of  representatives ;  but  the 
senate  may  propose  or  concur  with  amendments,  as  on 
other  bills" 

This  clause  is  copied  from  the  custom  of  the  British 
Parliament.  There,  revenue  bills  must  originate  in  the 
house  of  commons.  There  is  very  little  necessity  in  our 
present  circumstances  for  this  restriction.  Raising  rev- 
enue is  understood  to  be  confined  to  levying  taxes.  It 
is  the  custom  for  the  senate  to  originate  bills  which 
look  toward  the  raising  of  money,  or  which  will  require 
the  raising  of  money,  as  for  example,  bills  to  establish 
post-offices,  the  mint,  and  to  regulate  the  sale  of  public 
land,  etc. 

CLAUSE  2.  "Every  bill  which  shall  have  passed  the 
house  of  representatives  and  the  senate,  shall,  before  it 


ENACTING  A  LAW.  103 

become  a  law,  be  presented  to  the  president  of  the  United 
States  ;  if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall 
return  it  with  his  objections  to  that  house  in  which  it  shall 
have  originated,  who  shall  enter  the  objections  at  large  on 
their  journal  and  proceed  to  reconsider  it.  If,  after  such 
reconsideration,  two-thirds  of  that  house  shall  agree  to  pass 
the  bill,  it  shall  be  sent,  together  with  the  objections,  to  the 
other  house,  by  which  it  shall  likewise  be  reconsidered, 
and  if  approved  by  two-thirds  of  that  house  it  shall  become 
a  law.  But  in  all  suck  cases  the  votes  of  both  houses  sliall 
be  determined  by  yeas  and  nays,  and  the  names  of  the  per- 
sons voting  for  and  against  the  bill  shall  be  entered  on  the 
journal  of  each  house  respectively.  If  any  bill  shall  not  be 
returned  by  the  president  within  ten  days  (Sundays  ex- 
cepted]  after  it  shall  have  been  presented  to  him,  the  same 
shall  be  a  law,  in  like  manner  as  if  he  had  signed  it,  un- 
less congress,  by  their  adjournment,  prevent  its  return,  in 
which  case  it  shall  not  be  a  law" 

This  clause  prescribes  particularly  the  method  of 
passing  a  bill,  that  is,  of  enacting  a  law  by  congress. 
This  method,  briefly  stated,  is  as  follows  :  — 

A  bill  originates  in  one  house,  is  read  twice,  either  in 
full  or  by  title,  is  discussed  if  necessary,  is  passed  to  the 
third  reading,  ordered  to  be  engrossed,  and  when  en- 
grossed is  sent  to  the  other  house  with  the  signature  of 
the  presiding  officer  and  the  clerk.  It  is  there  con- 
sidered in  like  manner,  and  when  passed  and  properly 
signed  is  sent  to  the  president ;  if  he  shall  sign  it,  it 
becomes  a  law,  and  the  official  copy  is  deposited  for 
preservation  in  the  office  of  the  secretary  of  state.  If 
the  president  does  not  approve  of  the  bill,  he  returns  it 
"  with  his  objections  to  the  house  in  which  it  shall  have 


104     PROVISIONS  RELATING  TO  BOTH  HOUSES. 

originated,  who  shall  enter  the  objections  at  large  in 
their  journal,  and  proceed  to  reconsider  it."  If  the  vote 
shows  less  than  two-thirds  of  the  house  in  its  favor,  the 
bill  is  killed.  If  two-thirds  or  more  vote  in  favor  of  the 
bill  it  is  sent  to  the  other  house.  If  less  than  two-thirds 
favor  the  passage  of  the  bill  it  fails ;  but,  if  two-thirds 
or  more  vote  in  favor  of  the  bill,  it  becomes  a  law  in 
spite  of  the  president's  veto. 

Sometimes  the  president  does  not  approve  a  bill,  and 
yet  is  unwilling  to  veto  it,  in  which  case  the  constitution 
prescribes,  that  if  the  president  does  not  return  it  to  the 
house  where  it  originated  within  ten  days  (Sundays  ex- 
cepted),  it  becomes  a  law  without  his  signature.  This 
would  hold  in  all  cases,  except  when  congress,  by  their 
adjournment,  should  prevent  its  return.  It  is,  therefore, 
possible  for  the  president  to  prevent  any  bill  which  has 
been  sent  to  him  within  ten  days  of  the  adjournment  of 
congress  from  becoming  a  law.  In  case  of  such  a  bill, 
which  the  president  does  not  approve,  he  has  only  to 
retain  it,  and  it  fails  to  become  a  law. 


CHAPTER  VI. 

THE   POWERS    OF   CONGRESS. 

WE  come  now  to  the  consideration  of  the  powers 
vested  by  this  constitution  in  the  congress.  It  should 
be  remembered  that  when  the  constitution  was  framed, 
the  controversy  was  sharp  and  spirited  between  those 
who  favored  bestowing  large  powers  upon  the  national 
government,  and  those  who,  fearing  that  evils  would  re- 
sult from  such  a  course,  were  strenuous  in  their  belief 
that  large  powers  should  be  retained  by  the  govern- 
ments and  the  people  of  the  several  states.  In  conse- 
quence of  this  controversy  Section  8  of  Article  I. 
of  the  constitution  defines  somewhat  minutely  special 
subjects  upon  which  congress  shall  have  power  to  legis- 
late. This  section,  however,  does  not  contain  an  ex- 
haustive enumeration  of  the  powers  of  congress,  and 
does  not  mean  that  congress  shall  not  legislate  on  any 
subjects  not  here  enumerated.  This  is  evident  from  the 
1 8th  clause  of  this  section,  by  which  power  is  given  to 
congress  "To  make  all  laws  which  shall  be  necessary 
and  proper  for  carrying  into  execution  the  foregoing 
powers  and  all  other  powers  vested  by  this  constitution 
in  the  government  of  the  United  States,  or  in  any  de- 
partment, or  officer  thereof."  Elsewhere,  in  various 
sections,  the  constitution  requires  of  congress  the  exer- 
cise of  powers  not  particularly  mentioned  in  this  section ; 
and  the  constitution  in  different  places  implies  that  con- 


106  THE  POWERS  OF  CONGRESS. 

gress  must  do  certain  things,  which  are  not  expressly 
provided  for  in  this  section. 

SECTION  8,  CLAUSE  i.  "  The  congress  shall  have  power 
to  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay 
the  debts  and  provide  for  the  common  defence  and  general 
welfare  of  the  United  States ;  but  all  duties,  imposts,  and 
excises  shall  be  uniform  throughout  the  United  States." 

This  clause  gives  congress  the  power  to  levy  taxes  for 
three  purposes :  — 

(1)  To  pay  the  public  debt. 

(2)  To  provide  for  the  common  defence. 

(3)  To  provide  for  the  general  welfare. 

We  have  already  seen  that  the  power  to  levy  taxes  is 
one  of  the  fundamental  and  most  important  powers  of 
government,  whether  local,  state,  or  national.  This 
clause  gives  to  the  national  government  power  to 
levy  and  collect  taxes  for  three  broad  purposes 
mentioned. 

The  four  words,  taxes,  duties,  imposts,  excises,  origi- 
nally were  nearly  synonymous.  They  are  all  used  here, 
not  to  mean  four  different  things,  but  to  include  all  the 
usual  methods  of  taxation.  The  specific  meaning  of 
each  word  is  not  exactly  fixed.  They  have  different 
meanings  in  different  connections.  Ordinarily,  the 
word  taxes  denotes  direct  taxes,  laid  on  individuals, 
either  poll  tax  or  property  tax.  Duties  are  indirect 
taxes,  and  include  excise  taxes  and  duties  on  imports 
and  exports.  Imposts  are  duties  on  imports.  Excises 
are  duties  on  goods  manufactured  and  used  in  this 
country.  Another  word  of  similar  meaning  has  arisen 
and  grown  into  general  use ;  namely,  customs.  This 
in  general  means  duties  on  imports  and  exports  ;  but  as, 


TAXES  AND  DUTIES. 

in  our  country,  there  are  no  export  duties,  its  use  is 
synonymous  here  with  imposts. 

The  general  government  may  levy  a  tax  in  three 
ways : — 

(1)  A  direct  tax  upon  persons,  which  may  be  either  a 
poll  tax  or  property  tax. 

(2)  An   indirect   tax   upon  goods  imported  into  the 
country  from  abroad. 

(3)  An   indirect  tax  upon  goods   manufactured  and 
used  here. 

Political  economy  defines  a  direct  tax  as  one  which 
comes  from  the  property  of  the  nominal  payer,  while  an 
indirect  tax  is  assessed  on  one  person,  but  in  reality  is 
paid  by  another.  Duties  on  imports,  therefore,  are  in- 
direct because  they  are  paid  finally  by  the  consumer  and 
not  by  the  importer.  Taxes  that  are  levied  by  the  state 
and  local  governments  are  usually  direct  taxes.  The 
income  of  the  general  government,  however,  is  almost 
entirely  received  by  indirect  taxation.  Congress  has 
never  yet  levied  a  general  tax  on  all  the  property  of  the 
country. 

Previous  to  the  civil  war  a  direct  tax  had  been  laid 
but  four  times,  in  1798,  1813,  1815,  1816.     These  taxes 
were  levied  upon  lands,  houses,  and  slaves.     To  pay  the  • 
debt  incurred  in  the  civil  war,  direct  taxes  were  again 
levied  in  1861  and  subsequently. 

This  government,  during  most  of  its  existence,  has 
been  committed  to  the  policy  of  laying  duties  on  goods 
manufactured  abroad  and  imported  into  this  country. 
'These  duties  on  imports  are  of  two  kinds  :  — 

(1)  Specific  duties. 

(2)  Ad  valorem  duties. 


108  THE  POWERS  OF  CONGRESS. 

A  specific  duty  is  a  tax  levied  on  goods  by  weight, 
measure,  or  bulk ;  as,  for  example,  a  duty  of  fifty  cents 
a  yard  on  broadcloth,  one  dollar  a  ton  on  iron,  or  fifty 
cents  a  gallon  on  molasses. 

An  ad  valorem  duty  is  levied  according  to  the  value 
or  cost  of  the  goods,  as,  ten  per  cent  on  iron,  fifty  per 
cent  on  the  cost  of  brandy.  These  duties  are  collected 
under  the  direction  of  the  treasury  department.  The 
states  are  divided  into  collection  districts,  and  the  col- 
lector for  each  district  is  appointed  by  the  president. 
The  collector  receives  all  reports,  manifests,  and  docu- 
ments required  by  law,  on  the  entry  of  any  ship  or  ves- 
sel into  the  port.  He  records  the  manifests  in  his 
book ;  he  receives  the  entries  of  all  vessels,  with  an 
account  of  the  goods  or  merchandise  imported  in  them  ; 
he  estimates,  by  the  assistance  of  the  naval  officer,  if 
there  is  one,  the  amount  of  duties  to  be  paid,  and  in- 
dorses these  amounts  upon  the  entries.  The  duties 
are  paid  to  him,  or  bonds  for  securing  their  payment  are 
given  to  him,  and  permits  for  the  unloading  and  delivery 
of  goods  from  the  vessels  are  granted  by  him.  He  ap- 
points proper  persons  as  weighers,  gaugers,  measurers, 
and  inspectors,  and  he  provides  warehouses  for  the  safe 
keeping  of  goods.  The  duties  must  be  paid  before  the 
collector  will  grant  a  permit  for  the  unloading  and  de- 
livery of  the  goods.  In  some  of  the  important  ports  a 
naval  officer  and  surveyor  are  also  appointed  by  the 
president.  The  naval  officer  is  independent  of  the  col- 
lector, and  serves  as  a  check  upon  that  officer.  All 
entries  must  pass  through  his  office  as  well  as  that  of 
the  collector.  The  surveyor  has  charge  of  the  inspec- 
tors, weighers,  measurers,  and  gaugers.  Strict  laws  are 


NATURALIZATION'. 


ICQ 


passed,  with  penalties  attached,  against  smuggling,  and 
the  government  makes  great  use  of  small,  swift-sailing 
steam-vessels,  called  revenue  cutters,  at  the  most  impor- 
tant ports,  to  assist  in  enforcing  the  revenue  laws. 

CLAUSE  3.  "  To  regulate  commerce  with  foreign 
nations  and  among  the  several  states,  and  with  the  Indian 
tribes." 

This  clause  places  the  whole  subject  of  commerce,  as 
to  its  rules  and  regulations,  under  the  authority  of  con- 
gress, and  the  courts  have  decided  that  this  authority  is 
exclusive.  No  state  can  levy  a  tax  on  imported  goods. 

CLAUSE  4.  "  To  establish  an  uniform  rule  of  naturali- 
zation, and  uniform  laws  on  the  subject  of  bankruptcies 
throughout  the  United  States." 

Naturalization  is  an  act  by  which  a  foreigner,  called  an 
alien,  becomes  a  citizen  of  the  United  States.  Under  the 
confederation,  each  state  passed  laws  naturalizing  aliens. 

It  is  to  be  noticed  that  there  has  been  a  constant 
growth  of  national  power.  At  first  the  several  states 
were  unwilling  to  give  up  their  power  to  the  federal 
government.  Through  the  whole  history  of  the  nation, 
the  dividing  line  between  political  parties  has  been  upon 
this  principle.  One  party  has  favored  large  state  rights, 
and  a  minimum  national  power.  The  other  party  has 
favored  an  increase  of  national  power.  Here  is  an  illus- 
tration :  —  The  laws  upon  the  subject  of  naturalization, 
and  the  qualifications  requisite  in  the  different  states 
were  so  various,  that  confusion  and  controversy  resulted. 
To  remedy  these  evils,  the  constitution  gives  congress 
full  power  over  the  subject  of  naturalization,  so  that  the 
laws  shall  be  uniform  throughout  all  the  states.  An 
alien  coming  to  this  country  from  a  foreign  land,  must 


HO  THE  POWERS  OF  CONGRESS. 

make  application  for  citizenship;  this  is  called  his  "dec- 
laration of  intention."  This  declaration  must  be  made 
at  least  two  years  before  he  can  receive  his  naturaliza- 
tion papers.  In  his  declaration  he  must  declare  on  oath 
or  affirmation  that  it  is  his  intention  to  become  a  citizen 
of  the  United  States  and  to  renounce  all  allegiance  to 
the  government  of  which  he  is  at  the  time  or  has  been 
a  subject. 

Before  he  can  receive  his  naturalization  papers,  he 
must  have  resided  in  this  country  at  least  five  years. 
There  is  one  exception  to  this  law.  By  an  act  passed  in 
1862,  a  soldier  of  the  age  of  twenty-one  years  and  up- 
ward, regularly  discharged  from  the  army  of  the  United 
States,  may  be  admitted  to  citizenship  without  a  previ- 
ous declaration  of  intention  and  with  a  single  year's  resi- 
dence. The  children  of  a  naturalized  foreigner,  who  are 
under  twenty-one  years  of  age,  residing  in  this  country 
at  the  time  the  father  received  his  naturalization  papers, 
are  considered  citizens.  The  children  of  a  citizen,  who 
are  born  abroad,  are  citizens  of  the  United  States. 

When,  foreign  territory  has  been  incorporated  into  the 
union,  by  treaty  or  otherwise,  congress  has  exercised  the 
power  of  granting  naturalization  without  previous  resi- 
dence. When  territory  is  annexed  to  this  country,  the 
president  and  senate  have  naturalized  the  inhabitants  of 
such  territory  en  masse. 

Great  frauds  have  often  been  committed  in  large 
cities  by  issuing  naturalization  papers  to  large  numbers 
of  foreigners,  who,  it  has  been  claimed,  have  not  resided 
in  this  country  for  the  requisite  term  of  five  years.  By 
this  means  it  has  been  urged  that  fraudulent  votes  have 
been  cast,  and  elections  largely  influenced.  Conse- 


BANKRUPTCY.  j  j  r 

quently,  in  1870,  congress  passed  a  stringent  law  to 
punish  violations  of  the  naturalization  laws. 

BANKRUPTCY.  —  This  clause  gives  congress  power  to 
make  "Uniform  laws  on  the  subject  of  bankruptcies 
throughout  the  United  States." 

In  England,  the  term  bankrupt  is  generally  limited  to 
traders  who  fail  to  pay  their  debts,  while  the  word  in- 
solvent was  applied  to  those  not  paying  their  debts,  who 
were  not  engaged  in  trade.  The  general  usage,  how- 
ever, in  the  United  States,  has  been  to  make  the  words 
bankrupt  and  insolvent  synonymous.  In  reality,  a  per- 
son is  insolvent  when  he  cannot  pay  his  debts.  He  be- 
comes a  bankrupt  by  legal  proceedings  under  a  bankrupt 
law.  Congress  has  exercised  this  power  to  pass  uniform 
laws  on  bankruptcy  at  three  different  times.  The  first 
bankrupt  law  was  passed  in  1800,  and  repealed  three 
years  later.  The  second  was  passed  in  1841,  and  re- 
pealed within  two  years.  The  third  was  in  effect  from 
1867  to  1878.  No  national  bankrupt  laws  are  in  force 
now.  It  is  held  that  if  congress  does  not  exercise  its 
power  to  pass  a  bankrupt  law,  the  several  states  can 
do  so.  The  state  laws  are  usually  termed  insolvent 
laws. 

CLAUSE  5.  "To  coin  money,  regulate  the  value  thereof, 
and  of  foreign  coin,  and  fix  the  standard  of  weights  and 


measures" 


Prior  to  the  constitution,  the  several  states  coined 
money.  This  clause  prohibits  this,  and  gives  congress 
the  sole  power  to  issue  money.  The  coins  of  the  coun- 
try are  issued  from  the  United  States  mints.  The  prin- 
cipal mint  is  located  at  Philadelphia.  There  are  branch 
mints  at  San  Francisco,  Cal. ;  Carson,  Nev. ;  and  Denver, 


112  THE  POWERS  OF  CONGRESS. 

Col.     There  are  assay  offices  at  New  York  ;  Boise  City, 
Id.  Ter. ;  and  Charlotte,  N.C. 

An  act  of  congress  passed  in  1873  provided  for  the 
following  coins  :  — 

(1)  Gold  :  The  dollar  piece  ;  the  two-dollar-and-a-half 
piece,  or  quarter-eagle  ;  the  three-dollar  piece  ;  the  five- 
dollar  piece,  or  half-eagle;  the  ten-dollar  piece,  or  eagle; 
and  the  twenty-dollar  piece,  or  double-eagle. 

(2)  Silver  :   The  dollar ;   half-dollar ;   quarter-dollar, 
and  dime. 

(3)  The  " minor  coins"  are  the  five-cent  piece  and 
three-cent  piece  and  one-cent  piece.     Two-cent  pieces 
are  not  now  coined. 

WEIGHTS  AND  MEASURES. — This  clause  also  gives 
congress  the  power  "to  fix  the  standard  of  weights  and 
measures."  It  is  proper  that  the  standard  of  weights  and 
measures  should  be  connected  with  money.  The  price 
or  value  of  any  commodity  is  fixed  in  money  terms,  but 
this  commodity  is  either  weighed  or  measured,  and, 
therefore,  the  power  which  coins  the  money  should  fix  the 
standard  of  weights  and  measures.  Our  weights  and 
our  measures  have  come  to  us  through  the  ancient 
usages  of  Great  Britain.  It  appears  strange  that  the 
world  should  not  have  earlier  established  a  uniform  sys- 
tem. That  twelve  inches  should  make  afoot,  and  three  feet 
a  yard,  and  that  five  and  a  halfoi  this  denomination  should 
make  a  rod,  and  \hakforty  of  this  is  called  a  furlong,  and 
that  eight  furlongs  are  a  mile,  is  not  complimentary  to 
the  civilization  of  our  ancestors. 

We  made  a  great  gain  when  this  government  estab- 
lished our  coins  on  the  decimal  system  :  ten  cents  make 
a  dime ;  and  ten  dimes  a  dollar ;  and  ten  dollars,  an  eagle. 


POST-OFFICES.  113 

It  will  be  a  greater  gain  when  the  metric  system  for  all 
weights  and  measures  shall  have  come  into  universal  use. 
The  metric  system  has  been  legalized  by  an  act  of  con- 
gress, but  it  is  to  be  feared  that  the  day  is  somewhat 
distant  when  it  shall  have  come  into  general  use  in  this 
country. 

CLAUSE  6.  "  To  provide  for  the  punishment  of  counter- 
feiting the  securities  and  current  coin  of  the  United  States." 

The  law  now  in  force  in  regard  to  counterfeiting  the 
coin  of  the  United  States,  was  passed  in  1873.  It  pro- 
vides for  the  punishment  of  counterfeiting  our  coins,  or 
.the  coins  of  foreign  countries,  by  a  fine  not  exceeding  five 
thousand  dollars,  and  by  imprisonment  for  a  term  not  ex- 
ceeding ten  years.  Congress  has  passed  laws  against 
counterfeiting  treasury  notes,  and  notes  of  national  banks, 
and  various  stamps  and  certificates.  The  law  now  in 
force  upon  this  subject  was  passed  in  1864,  and  provides 
for  punishment  by  fine  not  exceeding  five  thousand  dol- 
lars, and  imprisonment  not  exceeding  fifteen  years. 

CLAUSE  7.    "  To  establish  post-offices  and  post-roads.  " 

The  post-office  department  of  the  United  States  is 
under  the  direction  of  the  postmaster-general,  who  is 
appointed  by  the  president,  and  who  is  authorized  by 
congress  to  establish  post-offices,  to  contract  for  the 
carrying  of  the  mails  on  post-roads,  and  to  superintend 
and  direct  all  the  business  of  his  department.  Every 
postmaster  whose  salary  is  one  thousand  dollars  or  more 
per  annum,  is  appointed  by  the  president,  and  confirmed 
by  the  senate.  All  other  postmasters  are  appointed  by 
the  postmaster-general. 

Mailable  matter  is  divided  into  four  classes :  — 

(i)  Written  matter. 


114  THE  POWERS  OF  CONGRESS. 

(2)  Periodical  publications. 

(3)  Miscellaneous  printed  matter. 

(4)  Merchandise. 

On  mailable  matter  of  the  first  class,  except  postal 
cards  and  drop-letters,  postage  is  now  paid  at  the  rate 
of  two  cents  for  each  ounce  or  fraction  thereof.  Postal 
cards  shall  be  transmitted  through  the  mails  at  a  postal 
charge  of  one  cent  each ;  and  drop-letters  shall  be 
mailed  at  the  rate  of  two  cents  per  ounce  or  fraction 
thereof,  including  delivery  at  letter-carrier  offices, 
and  shall  be  one  cent  for  each  ounce  or  fraction 
thereof,  where  free  delivery  by  carrier  is  not  estab- 
lished. 

SECOND-CLASS  MATTER.  —  Mailable  matter  of  this 
class  shall  embrace  all  newspapers  and  other  periodical 
publications  which  are  issued  at  stated  intervals,  not 
less  than  four  times  a  year,  and  which  are  within  certain 
conditions  named  in  this  statute.  The  postage  on 
second-class  matter  shall  be  one  cent  per  pound  or 
fraction  thereof,  such  postage  to  be  prepaid,  and  any 
article,  or  item  in  each  newspaper,  or  other  publication, 
may  be  marked  for  observation,  except  by  written  or 
printed  words,  without  increase  of  postage. 

THIRD-CLASS  MATTER.  —  Mailable  matter  of  this 
class  embraces  books,  circulars,  and  other  matter 
wholly  in  print,  corrected  proof-sheets,  and  manuscript 
copy  of  the  same.  The  postage  shall  be  paid  at  the 
rate  of  one  cent  for  every  two  ounces,  or  fraction 
thereof,  and  shall  be  fully  prepaid  by  postage  stamps 
affixed  to  such  matter.  There  is  no  limit  of  weight  to 
single  volumes  of  books  ;  other  matter  is  limited  to  four 
pounds  in  a  single  package.  Transient  newspapers  or 


POST-OFFICES.  II5 

periodicals,  which  were  formerly  included  in  this  class, 
are  now  subject  to  the  rate  of  one  cent  for  four  ounces. 

FOURTH-CLASS  MATTER.  —  This  shall  embrace  all 
matter  not  included  in  the  first,  second,  or  third  classes, 
and  which  is  not  in  its  form  or  nature  liable  to  destroy, 
deface,  or  otherwise  damage  the  contents  of  the  mail- 
bag,  or  harm  the  person  of  any  one  engaged  in  the 
postal  service,  and  is  not  above  the  weight  provided 
by  law,  which  is  declared  not  to  exceed  four  pounds, 
except  in  the  case  of  single  books  weighing  in  excess  of 
that  amount,  and  for  books  and  documents  by  order  of 
congress. 

Liquids,  poisons,  canned  goods  containing  liquids, 
explosive,  and  other  inflammable  articles,  and  many 
other  kinds  of  objectionable  matter,  are  precluded  by 
law  from  admission  to  the  mails. 

POSTAL  MONEY  ORDERS.  —  The  postal  money-order 
system  has  been  in  operation  since  1864.  The  free 
delivery  of  letters  by  carriers  in  large  cities  was  com- 
menced in  1863.  Letter-carriers  are  now  authorized  in 
all  places  containing  ten  thousand  inhabitants,  or  whose 
post-office  does  a  gross  business  of  ten  thousand  dollars 
annually. 

Post-roads  were  early  established  by  congress  ;  but  in 
later  years,  since  railroads  have  so  rapidly  multiplied,  the 
mails  are  largely  transported  in  mail-cars  upon  the  rail- 
roads, there  being  no  necessity  for  the  government  to 
maintain  post-roads.  As  the  constitution  gives  to  con- 
gress the  control  of  the  correspondence,  many  claim 
that  the  electric  telegraph  should  be  managed  by  the 
government,  and  that  telegj«3^ipjg|J^uld  be  fixed 
by  congress. 


Il6  THE  POWERS  OF  CONGRESS. 

CLAUSE  8.  "  To  promote  the  progress  of  science  and 
useful  arts,  by  securing  for  limited  times  to  authors  and 
inventors,  the  exclusive  right  to  their  respective  writings 
and  discoveries" 

This  clause  gives  to  congress  exclusive  power  to 
grant :  — 

(1)  Copyrights  to  authors. 

(2)  Patents  to  inventors. 

COPYRIGHTS.  —  Authors  of  books,  maps,  charts,  and 
musical  compositions,  are  entitled  to  copyright,  which 
gives  them  the  exclusive  right  of  printing,  publishing, 
and  selling  their  productions  for  the  term  of  twenty- 
eight  years.  This  may  be  renewed  for  a  period  of 
fourteen  years. 

DIRECTIONS  FOR  SECURING  COPYRIGHTS,  (i)  Printed 
Title  Required.  —  "A  printed  copy  of  the  title  (besides 
the  two  copies  to  be  deposited  after  publication)  of  the 
book,  map,  chart,  dramatic  or  musical  composition,  en- 
graving, cut,  print,  or  photograph,  or  a  description  of  the 
painting,  drawing,  chromo,  statue,  statuary,  or  model  or 
design  for  a  work  of  the  fine  arts,  for  which  copyright  is 
desired,  must  be  sent  by  mail  or  otherwise,  prepaid,  ad- 
dressed Librarian  of  Congress,  Washington,  D.C."  This 
must  be  done  before  publication  of  the  book  or  other 
article. 

What  Style  of  Print.  —  "  The  printed  title  required 
may  be  a  copy  of  the  title-page  of  such  publications  as 
have  title-pages.  In  other  cases,  the  title  must  be  printed 
expressly  for  copyright  entry,  with  the  name  of  claimant 
of  copyright.  The  style  of  type  is  immaterial,  and  the 
print  of  a  type-writer  will  be  accepted.  But  a  separate 
copy  is  required  for  each  entry,  and  each  title  must  be 


COPYRIGHTS. 


II/ 


printed  on  paper  as  large  as  commercial  note.     The  title 
of  a  periodical  must  include  the  date  or  number. 

(2)  Fees.  —  "The  legal  fee  for  recording  each  copyright 
claim  is  fifty  cents,  and  for  a  copy  of  this  record  (or  cer- 
tificate of  copyright)  an  additional  fee  of  fifty  cents  is 
required.     Certificates  covering  more  than  one  entry  are 
not  issued. 

(3)  Two  Copies  Required.  —  "Within  ten  days  after 
publication  of  each  book  or  other  article,  two  complete 
copies  of  the  best  edition  issued,  must  be  sent  to  perfect 
the  copyright,  with  the  address  Librarian  of  Congress, 

Washington,  D.C." 

The  postage  must  be  prepaid,  unless  the  publications 
are  inclosed  in  parcels  covered  with  printed  penalty  la- 
bels, furnished  by  the  librarian,  in  which  case  they  will 
come  free  by  mail,  without  limit  of  weight,  according  to 
the  rulings  of  the  post-office  department.  Without  the 
deposit  of  copies  above  required,  the  copyright  is  void, 
and  a  penalty  of  twenty-five  dollars  is  incurred.  No 
copy  is  required  to  be  deposited  elsewhere. 

(4)  Notice  of  Copyright  to  be  Given  by  Imprint.  —  "  No 
copyright  is  valid  unless  notice  is  given  by  inserting  in 
every  copy  published,  on  the  title-page  or  the  page  fol- 
lowing, if  it  be  a  book  ;  or  if  a  map,  chart,  musical  com- 
position,  print,   cut,    engraving,    photograph,    painting, 
drawing,  chromo,  statue,  statuary,  or  model  or  design 
intended  to  be  perfected  as  a  work  of  the  fine  arts,  by 
inscribing  upon  some  portion  thereof,  or  on  the  substance 
on  which  the  same  is  mounted,  the  following  words,  viz. : 

'  Entered  according  to  act  of  congress,  in  the  year , 

by ,  in  the  office  of  the    librarian  of  congress, 

at  Washington/  or,  at  the  option  of  the   person    en- 


Ug  THE  POWERS  OF  CONGRESS. 

tering   the   copyright,  the  words:      ' copyright,     18 — , 

by  .' 

"  The  law  imposes  a  penalty  of  one  hundred  dollars 
upon  any  person  who  has  not  obtained  copyright  who 
shall  insert  the  notice  '  Entered  according  to  act  of 
congress/  or  'copyright,'  etc.,  or  words  of  the  same 
import,  in  or  upon  any  book  or  article. 

(5)  Translations.  —  "  Any  author  may  reserve  the  right 
to  translate  or  dramatize  his  own  work.     In  this  case 
notice  should  be  given  by  printing  the  words  *  Right 
of  translation  reserved/  or  '  All  rights  reserved/  below 
the  notice  of  copyright  entry,  and  notifying  the  libra- 
rian of  congress  of  such  reservation,  to  be  entered  upon 
the  record. 

"  Since  the  phrase  '  all  rights  reserved '  refers  exclu- 
sively to  authors'  rights  to  dramatize  or  to  translate,  it 
has  no  bearing  upon  any  particular  publication  except 
original  works,  and  will  not  be  entered  upon  the  records 
in  other  cases. 

(6)  Duration   of  Copyright.  —  "  The  original  term  of 
copyright    runs   for   twenty-eight    years.      Within    six 
months   before   the   end   of   that    time,  the    author  or 
designer,  or  his  widow  or  children,  may  secure   a   re- 
newal  for   a   further   term  of   fourteen  years,  making 
forty-two  years  in  all. 

Renewals.  —  "  Applications  for  renewals  must  be  ac- 
companied by  explicit  statement  of  ownership,  in  the 
case  of  the  author,  or  of  the  relationship,  in  the  case  of 
his  heirs,  and  must  state  definitely  the  date  and  place 
of  entry  of  the  original  copyright.  Advertisement  of 
renewal  is  to  be  made  within  two  months  of  date  of 
renewal  certificate,  in  some  newspaper  for  four  weeks. 


COPYRIGHTS.  II9 

(7)  Time  of  Publication.  —  "  The  time  within  which 
any  work  entered  for  copyright  may  be  issued  from  the 
press  is  not  limited  by  law  or  regulation,  but  depends 
upon  the  discretion  of  the  proprietor.     A  copyright  may 
be  secured  for  a  projected  work  as  well  as  a  completed 
one.     But  the  law  provides  for  no  caveat,  or  notice  of 
interference,  only  for  actual  entry  of  title. 

(8)  Assignments. — "A  copyright  is  assignable  in  law 
by  any  instrument  of  writing,  but  such  assignment  must 
be  recorded  in  the  office  of   the  librarian  of   congress 
within  sixty  days  from  its  date.     The  fee  for  this  record 
and  certificate  is  one  dollar,  and  for  a  certified  copy  of 
any  record  of  assignment,  one  dollar. 

(9)  Copies  of  Duplicate  Certificates.  —  "A  copy  of  the 
record  (or  duplicate  certificate)  of  any  copyright  entry 
will  be  furnished,  under  seal,  at  the  rate  of  fifty  cents 
each. 

(10)  Serials,  or  Separate  Publications.  —  "  In  the  case 
of  books  published  in  more  than  one  volume,  or  of  peri- 
odicals published  in  numbers,  or  of  engravings,  photo- 
graphs,   or   other   articles   published   with   variation,  a 
copyright  is  to  be  entered  for  each  volume  or  part  of 
a  book,  or   number  of  the  periodical,  or  variety  as  to 
style,  title,  or  inscription,  of  any  other  article.     But  a 
book  published  serially  in  a  periodical,  under  the  same 
general  title,  requires  only  one  entry.     To  complete  the 
copyright  on  such  a  work,  two  copies  of  each  serial  part, 
as  well  as  of  the  complete  work  (if  published  separately), 
must  be  deposited. 

(11)  Copyrights  for   Works  of  Art.  —  "To    secure   a 
copyright    for   a   painting,  statue,   or   model  or  design 
intended  to  be  perfected  as  a  work  of  the  fine  arts,  so 


I20  THE  POWERS  OF  CONGRESS. 

as  to  prevent  infringement  by  copying,  engraving,  or 
vending  such  design,  a  definite  description  must  accom- 
pany the  application  for  copyright,  and  a  photograph  of 
the  same,  at  least  as  large  as  '  cabinet  size,'  should  be 
mailed  to  the  librarian  of  congress  within  ten  days  from 
the  completion  of  the  work  or  design. 

(12)  No  Labels  or  Names  Copyright.  —  ''Copyrights 
cannot  be  granted  upon   trade-marks,   nor  upon    mere 
names   of   companies    or   articles,   nor   upon   prints  or 
labels  intended  to  be   used  with   any  article  of  manu- 
facture.     If   protection   for   such    names   or    labels   is 
desired,  application  must  be  made  to  the  patent-office, 
where  they  are   registered  at  a  fee  of   six  dollars  for 
labels,  and  twenty-five  dollars  for  trade-marks. 

(13)  "  Citizens  or  residents  of  the  United  States  only 
are  entitled  to  copyright. 

( 1 4)  Full  Name  of  Proprietor  Required.  —  "  Every  appli- 
cant for  a  copyright  should  state  distinctly  the  full  name 
and  residence  of  the  claimant,  and  whether  the  right  is 
claimed  as  author,  designer,  or  proprietor.     No  affidavit 
or  formal  application  is  required." 

PATENTS.  —  The  United  States  government  grants 
letters-patent  to  "inventors  or  discoverers  of  any  new 
or  useful  art,  machine,  manufacture,  or  composition  of 
matter,  or  any  new  and  useful  improvement  on  such, 
which  had  been  previously  unknown,  and  which  had 
not  been  used  by  others,  and  which  had  not  been  on  sale 
or  in  public  use  for  more  than  two  years  prior  to  the 
application  for  a  patent."  This  business  is  conducted 
in  Washington,  in  the  patent-office,  under  the  direction 
and  control  of  the  commissioner  of  patents,  who  receives 
applications  and  superintends  the  granting  and  issuing 


PIRACIES.  121 

of  patents,  in  accordance  with  the  various  acts  of  con- 
gress passed  at  different  times  on  this  subject. 

The  patent -office  employs  many  clerks,  called  exam- 
iners, who  investigate  the  claims  of  every  invention  for 
which  a  patent  is  solicited. 

The  patent  itself  is  the  official  document  issued  in  the 
name  of  the  United  States,  for  the  period  of  seventeen 
years.  It  has  connected  with  it  a  description  of  the  in- 
vention, with  such  drawings  as  the  nature  of  the  case 
permits.  Its  cost  is  thirty  dollars.  Each  article  offered 
for  sale  by  the  patentee  must  be  stamped  with  the  word 
"patent,"  with  the  date  when  the  patent  was  issued. 

CLAUSE  10.  "  To  define  and  punish  piracies  and  felo- 
nies committed  on  the  high  seas,  and  offences  against  the 
law  of  nations." 

Piracies  were  formerly  much  more  common  than  they 
are  at  the  present  time.  This  clause  confers  upon  con- 
gress not  only  the  power  to  punish,  but  also  the  right 
to  define  piracies  and  felonies  upon  the  high  seas. 
Accordingly  congress  has  declared  what  felonies  shall 
be  treated  as  piracies.  Among  these  are  murder  and 
robbery  on  the  high  seas,  or  on  any  river,  in  any  haven, 
or  bay,  out  of  the  jurisdiction  of  any  particular  state ; 
or  any  offence,  which,  if  committed  within  the  body  of 
the  country,  would,  by  the  laws,  be  punishable  with 
death. 

The  slave  trade  for  more  than  three-fourths  of  a  cen- 
tury has  been  declared  piracy. 

This  clause  also  includes  offences  against  the  law  of 
nations.  By  the  law  of  nations  is  meant  those  princi- 
ples of  justice,  and  those  usages  which  define  the  rights 
and  limit  the  duties  of  nations  in  their  intercourse  one 


122  THE  POWERS  OF  CONGRESS. 

with  another,  both  in  peace  and  war.  As  illustrations 
of  offences  against  the  law  of  nations,  might  be  men- 
tioned, disregard  of  treaties,  infringement  of  the  rights 
of  ambassadors,  and  violation  of  passports. 

CLAUSE  n.  "To  declare  war,  grant  letters  of  marque 
and  reprisal,  and  make  rules  concerning  captures  on  land 
and  water" 

It  is  here  to  be  noticed,  that  while  on  the  one  hand 
the  right  to  make  treaties  with  foreign  nations  is  granted 
to  the  president  by  and  with  the  advice  of  the  senate, 
yet  on  the  other  hand  the  right  to  declare  war  is  granted 
to  the  legislative  department  of  the  government.  Both 
of  these  rights  in  England  are  the  prerogatives  of  the 
king. 

LETTERS  OF  MARQUE  AND  REPRISAL  are  commis- 
sions granted  by  the  government,  generally  in  time  of 
war,  to  permit  individuals  to  go  beyond  the  limits  of 
the  country  and  seize  upon  the  property  of  a  foreign 
state,  or  of  its  citizens  or  subjects,  as  a  reparation  for 
some  injury  committed  by  such  a  state,  or  its  citizens  or 
subjects.  This  custom  was  formerly  quite  common, 
but  of  late  has  fallen  into  disrepute,  and  many  nations 
have  agreed  to  discontinue  its  use. 

CLAUSE  12.  "  To  raise  and  support  armies  ;  but  no  ap- 
propriation of  money  to  that  use  shall  be  for  a  longer  term 
than  two  years." 

By  this  clause  the  power  to  raise  and  support  armies 
is  placed  in  the  hands  of  congress.  It  is,  however,  nec- 
essary to  guard  against  the  possibility  of  a  military  des- 
potism. If  appropriations  were  made  by  law,  for  an 
indefinite  period  of  time,  the  president,  who  is  com- 
mander-in-chief,  could  gather  under  his  control  an  army 


THE  ARMY.  123 

which  might  defy  the  acts  of  congress  and  enable  him 
to  revolutionize  the  government.  This  clause,  therefore, 
provides  that  congress  shall  make  no  appropriation  of 
money  to  support  the  army  for  a  longer  term  than  two 
years.  As  a  matter  of  fact  it  is  the  practice  of  congress 
to  make  these  appropriations  annually.  The  parliament 
of  England  observes  the  same  custom. 

All  enlistments  in  the  army  are  voluntary,  and  are 
usually  for  the  term  of  five  years,  unless  sooner  dis- 
charged. The  officers,  non-commissioned  officers,  musi- 
cians, and  privates  are  required,  on  entering  the  army, 
to  swear  or  affirm  "that  they  will  bear  true  faith  and 
allegiance  to  the  United  States  of  America,  and  that 
they  will  serve  them  honestly  and  faithfully  against  their 
enemies  or  oppressors  whomsoever,  and  that  they  will 
obey  the  orders  of  the  president  of  the  United  States, 
and  the  orders  of  the  officers  appointed  over  them,  ac- 
cording to  the  rules  and  articles  of  war." 

The  organization  of  the  army  is  very  simple.  The 
commanding  officers  are  all  comprised  in  the  following 
titles  :  — 

(1)  Captain. 

(2)  Colonel. 

(3)  Brigadier-general. 

(4)  Major-general. 

(5)  Lieutenant-general. 

The  office  of  general  has  been  abolished. 

(i)  The  captain  is  in  command  of  a  company,  the 
maximum  of  which  is  one  hundred  men.  Under  him,  as 
officers  of  the  company  and  to  take  command  in  his  ab- 
sence, are  a  first  lieutenant  and  second  lieutenant.  In 
the  artillery  service  there  may  be  more  than  one  of  each 


124 


THE  POWERS  OF  CONGRESS. 


rank.     The  non-commissioned  officers  of  the  company 
are  of  three  grades  :  — 

(1)  First  sergeant. 

(2)  Sergeant. 

(3)  Corporal. 

(2)  The  colonel  commands  a  regiment,  whether  of  in- 
fantry,  artillery,   or  cavalry.     There  are  under  him  a 
lieutenant-colonel  and  one  or  more  majors. 

(3)  The  brigadier-general  commands  a  brigade.     A 
brigade  is  composed  of  several  regiments. 

(4)  The  major-general  commands   a   division,  which 
consists  of  several  brigades,  or  in  time  of  war  he  may 
command  an  army  corps  or  a  department. 

(5)  The  lieutenant-general  is  in  command  of  all  the 
armies  of  the  United  States,  under  the  direction  of  the 
president  as  commander-in-chitf. 

CLAUSE  13.    "  To  provide  and  maintain  a  navy." 
The  officers  of  the  navy  are  as  follows,  with  the  corre- 
sponding rank  of  the  officers  of  the  army  :  — 

(1)  Ensign,  corresponding  to  second  lieutenant. 

(2)  Master,  corresponding  to  first  lieutenant. 

(3)  Lieutenant,  corresponding  to  captain. 

(4)  Lieutenant-commander,  corresponding  to  major. 

(5)  Commander,  corresponding  to  lieutenant-colonel. 

(6)  Captain,  corresponding  to  colonel. 

(7)  Commodore,  corresponding  to  brigadier-general. 

(8)  Rear-admiral,  corresponding  to  major-general. 

(9)  Vice-admiral,    corresponding    to    lieutenant-gen- 
eral. 

(10)  Admiral,  corresponding  to  general. 
Formerly  the  office  of  captain  in  the  navy  was  the 
highest  recognized  by  law.     Congress  has  provided  that 


ARMY  REGULATIONS.  125 

when  the  offices  of  admiral  and  vice-admiral  become 
vacant,  these  grades  shall  cease. 

CLAUSE  14.  "  To  make  rules  for  tJie  government  and 
regulation  of  the  land  and  naval  forces" 

In  accordance  with  this  clause,  congress  has  adopted 
and  published  "  Regulations  for  the  Army  of  the  United 
States."  It  is  customary  to  read  extracts  from  these 
articles  to  every  garrisoned  regiment,  troop,  and  com- 
pany once  in  six  months. 

Clauses  15  and  16  "  provide  for  the  calling  forth  and 
organizing  the  militia  of  the  several  states,  to  execute 
the  laws  of  the  union,  suppress  insurrections,  and  repel 
invasions." 

All  officers  of  the  regular  army  are  commissioned  by 
the  president.  All  officers  of  the  regiments  raised  by 
the  states  as  militia,  even  when  in  the  service  of  the 
United  States,  are  commissioned  by  the  governors  of  the 
states  respectively. 

Three  times  since  the  American  Revolution,  our  gov- 
ernment has  been  obliged  to  call  out  large  bodies  of  men 
for  the  military  service. 

(1)  In  the  war  with  Great  Britain  in  1812. 

(2)  In  the  Mexican  War  in  1846. 

(3)  During  the  Civil  War,  1861  to  1865. 

The  number  of  men  called  into  the  service  in  the  civil 
war  was  very  great.  At  the  close  of  the  war  the  entire 
army  of  the  United  States  numbered  more  than  one  mil- 
lion of  men.  The  whole  number  mustered  into  service 
during  the  four  years  was  2,656,553. 

The  1 7th  clause  of  this  section  provides  that  congress 
shall  have  exclusive  legislation  over  the  District  of 
Columbia,  and  also  "  over  any  places  purchased  by  con* 


126  THE  POWERS  OF  CONGRESS. 

sent  of  the  legislature  of  the  state  in  which  the  same 
shall  be,  for  the  erection  of  forts,  magazines,  arsenals, 
dock-yards,  and  other  needful  buildings."  The  District 
of  Columbia  was  originally  ceded  to  the  United  States, 
by  Maryland  and  Virginia,  as  a  place  for  the  capitol  of 
the  United  States.  In  1848  that  part  lying  west  of  the 
Potomac  was  retroceded  to  Virginia. 

During  the  Revolutionary  War,  the  continental  con- 
gress held  its  sessions  a  portion  of  the  time  at  New 
York,  and  by  act  of  congress  remained  there  from 
March  4,  1789,  until  the  close  of  the  second  session 
of  the  first  congress  The  act  provided  that  the  offices 
of  the  government  be  then  removed  to  Philadelphia, 
that  they  should  remain  there  for  ten  years,  and  that 
prior  to  the  first  Monday  of  December,  1800,  the  seat 
of  government  should  be  removed  to  the  city  of  Wash- 
ington, District  of  Columbia.  Washington  has,  therefore, 
been  the  capital  of  the  United  States  since  December, 
1800. 

This  clause  also  provides  that  the  government  shall 
have  control  over  the  places  where  it  shall  erect  forts, 
arsenals,  custom-houses,  post-offices,  etc.,  with  the  con- 
sent of  the  state  legislature. 

By  an  act  of  1878,  the  government  of  the  District  of 
Columbia  was  placed  under  a  board  of  three  commis- 
sioners. Two  are  appointed  by  the  president  and  sen- 
ate for  three  years,  and  the  third  is  an  officer  of  the  corps 
of  engineers  of  the  army,  to  be  detailed  by  the  presi- 
dent. These  commissioners  have  charge  of  the  munici- 
pal interests  of  the  district,  —  appointing  the  police, 
firemen,  school  board,  and  all  other  officers.  The  ex- 
penses for  carrying  on  the  government  of  the  district 


UNEXPRESSED  POWERS  OF  CONGRESS.        127 

are  met,  one  half  by  appropriation  from  the  national 
treasury,  and  the  other  half  by  assessment  upon  the 
taxable  property  of  the  district. 

CLAUSE  18.  "  To  make  all  laws  which  shall  be  neces- 
sary and  proper  for  carrying  into  execution  the  foregoing 
powers,  and  all  other  powers  vested  by  this  constitution 
in  the  government  of  the  United  States,  or  in  any  depart- 
ment or  officer  thereof'' 

This  clause  is  what  Patrick  Henry  called  "  the  sweep- 
ing clause,"  by  which,  as  he  thought,  congress  was  to 
overthrow  the  states.  Great  opposition  to  this  clause 
was  manifested  by  the  state-rights  party  during  the  time 
in  which  the  constitution  was  under  discussion  by  the 
people  and  by  state  conventions  prior  to  its  adoption. 

Nothing  is  plainer  than  that  the  government  has 
under  this  constitution  full  national  powers,  and  is  lim- 
ited only  by  the  restrictions  imposed  by  the  constitution 
itself.  Judge  Story  says  :  "  It  would  be  almost  imprac- 
ticable, if  it  were  not  useless,  to  enumerate  the  various 
instances  in  which  congress,  in  the  progress  of  the  gov- 
ernment, has  made  use  of  incidental  and  implied  means 
to  execute  its  powers.  They  are  almost  infinitely  varied 
in  their  ramifications  and  details." 

Chief  Justice  Marshall  says  :  "A  power  vested  carries 
with  it  all  those  incidental  powers  which  are  necessary 
to  its  complete  and  efficient  execution." 

This  principle  has  been  acted  upon  by  the  general 
government  from  1789  to  the  present  day. 

Dr.  I.  W.  Andrews  says :  "  Nothing  is  plainer  than 
that  the  constitution  was  intended  to  vest  in  the  general 
government  all  the  powers  which  properly  belong  to 
such  a  government,  and  so  it  has  been  understood  from 


128  THE  POWERS  OF  CONGRESS. 

the  beginning.  The  affairs  of  the  nation  could  not  be 
carried  on  a  single  year  if  no  laws  were  enacted  but  such 
as  are  specifically  provided  for  in  the  constitution."  It 
is  well  known  that  the  most  remarkable  powers  which 
have  been  exercised  by  the  government  were  the  pur- 
chase of  Louisiana  in  1803,  and  the  laying  of  an  unlim- 
ited embargo  in  1807.  These  measures  were  brought 
forward,  says  Judge  Story,  "and  supported  and  carried 
by  the  known  and  avowed  friends  of  strict  construction. 
They  were  driven  to  the  adoption  of  the  doctrine  that 
the  right  to  acquire  territory  was  incident  to  national 
sovereignty ;  that  it  was  a  resulting  power,  growing  out 
of  the  aggregate  powers  confided  by  the  constitution ; 
that  the  appropriation  might  justly  be  vindicated  on  the 
grounds  that  it  was  for  the  common  defence  and  the 
general  welfare." 


CHAPTER  VII. 

RESTRICTIONS    UPON    THE    NATIONAL    GOVERNMENT. 

SECTION  9,  CLAUSE  I.  "  The  migration  or  importa- 
tion of  such  persons  as  any  of  tJie  states  now  existing 
shall  think  proper  to  admit,  shall  not  be  proJiibitcd  by 
the  congress  prior  to  the  year  one  thousand  eigJit  hundred 
and  eight ;  but  a  tax  or  duty  may  be  imposed  on  stick 
importation,  not  exceeding  ten  dollars  for  each  person" 

The  first  clause  of  this  section  contains  one  of  those 
compromises  which  seemed  necessary  in  order  to  make 
any  constitution  at  all.  At  the  beginning  of  the  Revo- 
lution the  general  sentiment  of  the  country  was  opposed 
to  slavery.  This  sentiment  had  so  far  changed  in  the 
southern  section  of  the  union,  at  the  time  the  constitu- 
tion was  formed,  that  the  leading  men  of  these  states 
jealously  guarded  their  peculiar  domestic  institution. 

This  clause  provides  that  the  congress  shall  not  pro- 
hibit the  importation  of  slaves,  prior  to  the  year  1808. 
The  very  fact  that  such  a  clause  is  introduced  tends  to 
show  that  without  this  specific  clause  congress  might 
be  deemed  to  have  the  power  to  prohibit  the  slave  trade, 
although  there  is  no  clause  in  the  eighth  section  grant- 
ing them  such  power.  The  words  slave  and  slavery 
do  not  appear  in  the  constitution.  The  expression  here 
used  is  :  "  The  migration  and  importation  of  such  per- 
sons as  any  of  the  states  now  existing  shall  think  proper 
to  admit." 


130     RESTRICTIONS  UPON  THE  GOVERNMENT. 

On  the  ist  of  January,  1808,  an  act  of  congress,  pre- 
viously passed,  went  into  effect,  imposing  heavy  penal- 
ties upon  persons  engaged  in  the  slave  trade.  In  1820 
by  an  act  of  congress  the  slave  trade  was  declared  to  be 
"  piracy,"  to  be  punished  with  death.  From  that  time 
the  slave  trade,  that  is,  the  importation  of  slaves  from 
foreign  countries,  has  diminished,  and  the  public  senti- 
ment of  the  country  and  of  the  world  has  set  more  and 
more  strongly  against  the  barbarous  system  of  human 
slavery.  Happily  our  nation  is  now  freed  from  this 
curse.  It  should  be  observed  that  when  this  constitu- 
tion was  formed,  no  one  of  the  nations  of  the  world  had 
abolished  the  slave  trade.  Yet  at  that  time  ten  of  the 
thirteen  states  had  prohibited  the  importation  of  slaves. 
The  three  states  which  still  clung  to  this  custom  were 
North  and  South  Carolina,  and  Georgia.  In  the  federal 
convention  these  states  insisted  upon  a  provision  being 
inserted  in  the  constitution  for  the  admission  of  slaves, 
at  least  for  a  limited  period. 

Dr.  Andrews,  in  his  "  Manual  of  the  Constitution," 
gives  the  following  summary  of  the  action  taken  by  our 
national  government  from  time  to  time  upon  slavery : 
"In  1787  the  continental  congress  passed  an  '  Ordi- 
nance for  the  government  of  the  territory  of  the  United 
States  northwest  of  the  Ohio,'  which  provided  that  in 
that  territory  there  should  'be  neither  slavery  nor  in- 
voluntary servitude,  otherwise  than  in  punishment  of 
crimes/ 

"  The  slave  trade  to  foreign  countries  was  prohibited 
in  1794. 

"The  importation  of  slaves  was  prohibited  in  1807, 
the  law  to  take  effect  Jan.  I,  1808. 


THE  SLAVE  TRADE.  131 

"  In  1820  the  slave  trade  was  declared  to  be  a  piracy, 
to  be  punished  with  death. 

"  Slavery  was  abolished  in  the  District  of  Columbia, 
by  an  act  of  congress,  in  1862,  and  in  the  territories  the 
same  year. 

"The  president's  first  proclamation  as  to  emancipation 
of  slaves  in  the  rebel  states,  was  issued  Sept.  22,  1862. 
The  second  proclamation  emancipating  them,  is  dated 
Jan.  i,  1863.  The  coastwise  slave  trade  was  forever 
prohibited  by  an  act  of  July  2,  1864. 

"  The  thirteenth  amendment  to  the  constitution  abolish- 
ing slavery  throughout  the  United  States,  and  all  places 
subject  to  their  jurisdiction,  was  proposed  to  the  legis- 
latures of  the  states  by  congress,  Feb.  I,  1865,  and  was 
ratified  Dec.  18,  1865." 

The  next  clause  (clause  2)  provides  that  "  The  privi- 
lege of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when  in  cases  of  rebellion  or  invasion 
.public  safety  may  require  it,"  in  which  case  it  is  sus- 
pended by  congress  or  by  the  president,  who  must  have 
been  previously  authorized  by  act  of  congress  to  sus- 
pend it. 

CLAUSE  3.  "No  bill  of  attainder,  or  ex  post  facto  law 
shall  be  passed'' 

The  bill  of  attainder  is  an  old  English  custom,  by 
which  a  person  could  be  punished  by  death,  or  other- 
wise, by  a  legislative  act  without  a  judicial  trial. 

An  ex  post  facto  law  is  one  which  makes  an  act  crim- 
inal, which  was  not  criminal  when  committed.  In  other 
words,  it  is  a  law  passed  subsequent  to  the  commission 
of  an  act,  applying  a  penalty  to  the  act  previously  com- 
mitted. So,  also,  the  law  that  provides  for  a  greater 


1 32      RESTRICTIONS  UPON  THE  GOVERNMENT. 

punishment  than  was  imposed  when  the  crime  was 
committed,  would  be  an  ex  post  facto  law.  An  ex  post 
facto  law  applies  only  to  crimes,  and  not  to  civil  pro- 
ceedings, which  affect  private  pecuniary  matters  only. 
The  latter  would  be  a  "  law  impairing  the  obligation  of 
contracts." 

The  next  clause  provides  that  direct  taxes,  levied  by 
the  national  government,  shall  be  in  proportion  to  the 
population. 

CLAUSE  5.  "No  tax  or  duty  shall  be  laid  on  articles 
exported  from  any  state.  No  preference  shall  be  given 
by  any  regulation  of  commerce  or  revenue  to  the  ports  of 
one  state  over  those  of  another ;  nor  shall  vessels  bound 
to  or  from  one  state  be  obliged  to  enter,  clear,  or  pay 
duties  in  another." 

The  result  of  this  clause  has  been  the  prohibition  of 
duties  on  exports  from  any  part  of  our  country,  and  this 
clause  is  a  restriction  upon  the  several  states,  as  well  as 
upon  the  national  government. 

CLAUSE  6.  "  No  money  shall  be  drawn  from  the  treas- 
ury, but  in  consequence  of  appropriations  made  by  law ; 
and  a  regular  statement  and  account  of  the  receipts  and 
expenditures  of  all  public  money  shall  be  published  from 
time  to  time" 

Congress  votes  an  appropriation  bill  annually,  and 
the  fiscal  year  begins  on  the  first  day  of  July.  These 
appropriations  are  made  with  great  care  and  with  much 
detail.  The  appropriation  acts  sometimes  fill  one  hun- 
dred pages  of  the  United  States  statutes. 

By  this  clause  the  officers  of  the  United  States  treas- 
ury are  prohibited  from  paying  out  any  money,  except  in 
accordance  with  acts  of  congress  providing  for  the  same. 


TITLES  OF  NOBILITY.  ^3 

CLAUSE  7.  "No  title  of  nobility  shall  be  granted  by 
the  United  States ;  and  no  person  holding  any  office  of 
profit  or  trust  under  them,  shall,  without  the  consent  of 
the  congress,  accept  of  any  present,  emolument,  office,  or 
title,  of  any  kind  whatever,  from  any  king,  prince,  or  for- 
eign state" 

It  would  seem  to  be  the  fundamental  principle  of  a 
republican  government,  that  there  should  be  no  titles  of 
nobility.  The  people  must  be  considered  equal  before 
the  law.  The  second  part  of  this  clause  is  designed  to 
prevent  any  foreign  influence  being  exercised  to  bribe 
in  any  way  an  officer  of  our  nation. 


CHAPTER  VIII. 

RESTRICTIONS  UPON  THE  STATES. 

SECTION  10.  "No  state  shall  enter  into  any  treaty, 
alliance,  or  confederation  ;  grant  letters  of  marque  and  re- 
prisal;  coin  money  ;  emit  bills  of  credit ;  make  anything 
but  gold  and  silver  coin  a  tender  in  payment  of  debts  ; 
pass  any  bill  of  attainder,  ex  post  facto  law,  or  law  im- 
pairing the  obligation  of  contracts;  or  grant  any  title  of 
nobility. 

The  framers  of  the  constitution  intended  to  make  a 
national  government  with  sovereign  powers,  leaving  to 
the  states  the  control  of  such  matters  of  local  or  sec- 
tional government  as  would  best  be  left  in  their  hands. 
It  is  clear  from  this  section  and  others,  that  the  framers 
of  the  constitution  proposed  to  retain  all  needful  and 
sovereign  powers  in  the  hands  of  the  nation,  and  to 
restrict  to  subordinate  limits  the  power  of  the  state  as 
such.  There  is  no  element  of  sovereignty  in  the  states. 
They  were  British  colonies  until  July  4,  1776.  Through 
representative  power  delegated  by  the  several  colonies 
to  the  members  of  the  continental  congress,  that  con- 
gress threw  off  allegiance  to  the  mother  country,  and 
the  united  colonies  became  a  nation,  and  at  the  same 
time  the  several  colonies  became  states. 

From  that  day  onward  no  state  has  exercised  sover- 
eign powers,  except  in  the  attempted  acts  of  secession. 
These  were  settled  by  the  arbitrament  of  war.  The 


RESTRICTIONS  UPON  THE  STATES. 


135 


effect  of  that  war  has  been  to  increase  the  national 
power.  No  further  discussion  of  the  several  points  of 
this  clause  seems  needful. 

Tnc  second  clause  of  this  section  prohibits  the  states 
from  laying  imposts  or  duties  on  imports  and  exports, 
and  from  keeping  troops  and  ships  of  war  in  time  of 
peace,  without  the  consent  of  congress.  All  questions 
relating  to  peace  and  war,  treaties,  alliances,  armies, 
duties  on  imports  and  coinage  of  money,  are  under  the 
control  of  the  general  government. 

Judge  Story  says  :  "  No  state  can  control  or  abridge, 
or  interfere  with,  the  exercise  of  any  authority  under 
the  national  government ;  and  it  may  be  added,  that 
state  laws,  as,  for  instance,  state  statutes  of  limitations, 
and  state  insolvent  laws,  have  no  operation  upon  the 
rights  or  the  contracts  of  the  United  States." 

We  have  now  completed  the  consideration  of  the 
legislative  department  of  the  United  States  government, 
and  this  forms  an  excellent  basis  for  a  proper  under- 
standing of  the  details  of  the  several  state  legislatures. 

The  state  legislatures  are  in  nearly  all  instances 
formed  upon  the  model  of  the  national  legislature. 
There  are  in  every  state  two  houses,  called  a  senate 
and  a  house  of  representatives.  The  presiding  officer 
of  the  senate  is  termed  the  president  of  the  senate,  and 
the  presiding  officer  of  the  house  the  speaker  of  the 
house.  Bills  passed  by  one  house  are  sent  to  the  other, 
and  being  passed  by  that  in  most  cases  are  sent  to  the 
governor  of  the  state  for  his  approval.  In  nearly  all 
the  states  the  governor  has  the  veto  power  similar  to 
that  exercised  by  the  president. 

In  nearly  all  the  states  the  membership  of  the  senate 


136 


RESTRICTIONS  UPON  THE  STATES. 


is  determined  by  sections  of  territory ;  while  the  mem- 
bers of  the  house  are  in  proportion  to  the  population. 
A  singular  exception  to  this  rule  exists  in  the  state  of 
Vermont.  In  that  state  the  house  is  composed  of  one 
member  from  every  town  or  city  in  the  state,  while  the 
senators  are  chosen  from  the  several  counties,  with  ref- 
erence to  their  population,  the  smaller  counties  having 
but  one  senator  each,  while  the  more  populous  counties 
have  several. 

A  good  knowledge,  therefore,  of  the  national  legisla- 
ture, enables  one  to  understand  very  readily  the  compo- 
sition and  working  of  the  state  legislature. 


CHAPTER   IX. 

ARTICLE    II  :    THE    EXECUTIVE    DEPARTMENT. 

SECTION  i,  CLAUSE  i.  "  The  executive  power  shall  be 
vested  in  a  president  of  the  United  States  of  America. 
He  shall  hold  his  office  during  the  term  of  four  years, 
and,  together  with  the  vice-president,  chosen  for  the  same 
term,  be  elected  as  follows :  "  — 

By  this  clause  we  observe  that :  — 

(1)  The  executive  power  is  vested  in  one  person. 

(2)  He  is  elected  for  a  term  of  four  years. 

(3)  The  vice-president  is  elected  at  the  same  time  and 
for  the  same  term. 

The  constitution  does  not  define  the  executive  power. 
Whatever  that  power  is,  it  is  vested  by  the  constitution 
in  the  president.  The  constitution  determines  some 
things  which  he  may  not  do.  It  gives  him  power  to 
do  certain  things  which  are  clearly  outside  the  execu- 
tive department ;  but  within  the  limits  of  that  depart- 
ment, he,  and  he  alone,  has  the  entire  power. 

The  length  of  his  term  was  the  subject  of  much  dis- 
cussion in  the  federal  convention.  The  term  of  four 
years,  however,  was  settled  upon  and  has  never  been 
changed.  The  president  is  eligible  to  re-election.  Sev- 
eral presidents  have  served  two  terms.  There  is  no 
legal  reason  why  one  should  not  serve  a  third  term  or 
more,  if  it  were  the  will  of  the  people. 

The  question  of  the  length  of  the  presidential  term 


THE  EXECUTIVE  DEPARTMENT. 

has  been  much  discussed.  Many  are  of  the  opinion  that 
a  longer  term,  six  years,  or  seven  years,  or  even  eight 
years,  and  the  president  ineligible  to  re-election,  would 
have  been  better.  In  favor  of  the  shorter  term,  how- 
ever, it  may  be  said,  that  the  office  is  more  dependent 
upon  the  will  of  the  people.  Some  one  has  said  that 
the  presidential  campaign  is  a  national  school,  wherein 
the  nation  acquires  a  minute  and  accurate  knowl- 
edge of  the  government  and  of  all  governmental 
affairs. 

The  following  is  the  list  of  the  presidents,  with  their 
terms  of  office  :  — 

(1)  George  Washington,  two  terms,  1789  to  1797. 

(2)  John  Adams,  one  term,  1797  to  1801. 

(3)  Thomas  Jefferson,  two  terms,  1801  to  1809. 

(4)  James  Madison,  two  terms,  1809  to  1817. 

(5)  James  Monroe,  two  terms,  1817  to  1825. 

(6)  John  Quincy  Adams,  one  term,  1825  to  1829. 

(7)  Andrew  Jackson,  two  terms,  1829  to  1837. 

(8)  Martin  Van  Buren,  one  term,  1837  to  1841. 

(9)  William  Henry  Harrison,  one  month,  1841. 

(10)  John  Tyler,  three  years  and  eleven  months,  1841 
to  1845. 

(11)  James  K.  Polk,  one  term,  1845  to  i&49> 

(12)  Zachary  Taylor,  one  year  and  four  months,  1849 
to  1850. 

(13)  Millard  Fillmore,  two  years  and  eight  months, 
1850  to  1853. 

(14)  Franklin  Pierce,  one  term,  1853  to  1857. 

(15)  James  Buchanan,  one  term,  1857  to  1861. 

(16)  Abraham   Lincoln,,  four  years  and  one  month, 
1861  to  1865. 


ELECTORS. 


139 


(17)  Andrew  Johnson,  three  years  and  eleven  months, 
1865  to  1869. 

(18)  Ulysses  S.  Grant,  two  terms,  1869  to  1877. 

(19)  Rutherford  B.  Hayes,  one  term,  1877  to  1881. 

(20)  James  A.  Garfield,  four  months,  1881. 

(21)  Chester  A.  Arthur,  three  years  and  eight  months, 
1881  to  1885. 

(22)  Grover  Cleveland,  from  1885  to  1889. 

(23)  Benjamin  Harrison,  from  1889  to . 

It  will  be  seen  by  the  above  table  that  we  have  had 
twenty-two  presidents  in  one  hundred  years.  Of  these, 
seven  have  been  elected  for  a  second  term.  Four  vice- 
presidents  have  succeeded  to  the  presidency  by  the 
death  of  the  president. 

CLAUSE  2.  "Each  state  shall  appoint,  in  such  manner 
as  the  legislature  thereof  may  direct,  a  number  of  electors 
equal  to  the  ivJiole  number  of  senators  and  representatives 
to  whicJi  the  state  may  be  entitled  in  tJie  congress  ;  but  no 
senator,  or  representative,  or  person  holding  an  office  of 
trust  or  profit  under  the  United  States,  shall  be  appointed 
an  elector'' 

The  several  points  in  this  clause  are  as  follows  :  — 

(1)  The  president  is  appointed  by  electors,  and  not 
by  the  immediate  vote  of  the  people. 

(2)  The  number  of  electors  in  each  state. 

(3)  Any  person  holding  a  United  States  office  is  pro- 
hibited from  being  an  elector. 

It  was  thought  by  the  framers  of  the  constitution, 
that,  if  the  direct  choice  of  president  was  taken  from 
the  people  and  placed  in  the  hands  of  electors  chosen 
by  the  people,  who  would  unquestionably  be  selected 
from  the  ablest  and  most  trustworthy  men  of  the  na- 


1 40  THE  EXECUTIVE  DEPARTMENT. 

tion,  a  wiser  choice  of  president  would  be  insured  than 
if  the  people  of  the  whole  country  were  to  vote  directly 
for  this  officer.  It  was  evidently  the  thought  of  the 
framers  of  the  constitution,  that,  when  the  electors  had 
been  appointed,  they  would  then  determine  for  whom 
their  votes  should  be  cast.  The  result,  however,  has 
proved  that  the  election  of  president  is  not  left  in  the 
hands  of  the  electors,  but  is,  in  reality,  determined  by 
the  people  in  the  election  of  these  electors. 

According  to  the  custom  which  now  prevails,  the 
electors  are  practically  pledged  beforehand  to  vote  for 
a  certain  candidate,  who  has  been  previously  nomi- 
nated in  a  national  convention  of  a  political  party. 
The  electors  therefore  exercise  no  discretion  in  their 
vote. 

In  the  next  place  the  constitution  determines  the 
number  of  electors.  This  number  is  fixed  by  a  two- 
fold ratio  :  — 

(1)  Each  state  is  entitled  to  two  electors,  correspond- 
ing to  the  equality  of  states  in  the  senate. 

(2)  The  remaining  number  of  electors  to  which  each 
state  is  entitled,  is  fixed  by  the  rule  of  population,  which 
has  already  determined  the  number  of  representatives  to 
which  the  state  is  entitled  in  congress.     This  method 
has  reference  to  the  law  of  population  and  the  equality 
of  states.    For  example  :  on  the  basis  of  population,  New 
York  may  be  entitled  to  thirty-four  representatives  in 
congress,  and  Delaware  to  one.     Now,  if  the  president 
were  elected  by  the  direct  vote  of  the  people,  the  vote  of 
New  York  would  be  thirty-four  times  as  large  as  the  vote 
of  Delaware,  and  the  relative  power  of  these  two  states 
in  the  election  of  president  would  be  in  the  ratio  of  one 


METHOD   OF  ELECTING  PRESIDENT  I4>1 

to  thirty-four.  By  this  clause  of  the  constitution,  how- 
ever, Delaware  has  three  electors  and  New  York  thirty- 
six,  so  that  the  relative  power  of  the  two  states  in  the 
electoral  college  is  as  three  to  thirty-six.  If  the  presi- 
dent, therefore,  were  elected  by  the  direct  vote  of  the 
people,  the  small  states  would  have  much  less  power  in 
determining  who  should  be  president  than  they  now 
have. 

The  third  clause  of  this  article  has  been  rendered  null 
and  void  by  the  twelfth  article  of  the  amendments.  This 
amendment  was  proposed  to  the  states  by  congress  in 
1803.  It  was  ratified  by  the  requisite  number  of  states 
and  became  valid  as  a  part  of  the  constitution  in  1804. 
The  amendment  is  as  follows  :  — 

"  The  electors  shall  meet  in  their  respective  states,  and 
vote  by  ballot  for  president  and  vice-president,  one  of 
whom,  at  least,  shall  not  be  an  inhabitant  of  the  same 
state  with  themselves ;  they  shall  name  in  their  ballots 
the  person  voted  for  as  president,  and  in  distinct  ballots 
the  person  voted  for  as  vice-president,  and  they  shall  make 
distinct  lists  of  all  persons  voted  for  as  president,  and  of 
all  persons  voted  for  as  vice-president,  and  of  the  number 
of  votes  for  each,  which  lists  they  shall  sign  and  certify, 
and  transmit  sealed  to  the  seat  of  the  government  of  tJie 
United  States,  directed  to  the  president  of  the  senate  ;  the 
president  of  the  senate  shall,  in  the  presence  of  the  senate 
and  house  of  representatives,  open  all  the  certificates,  and 
the  votes  shall  theft  be  counted.  The  person  having  the 
greatest  number  of  votes  for  president  shall  be  the  president 
if  such  number  be  a  majority  of  the  whole  number  of  elec- 
tors appointed;  and  if  no  person  have  such  majority,  then 
from  the  persons  having  the  highest  numbers,  not  exceed' 


I42  THE  EXECUTIVE  DEPARTMENT. 

ing  three,  on  the  list  of  those  voted  for  as  president,  the 
house  of  representatives  shall  choose  immediately,  by  bal- 
lot, the  president.  But  in  choosing  the  president  the  votes 
shall  be  taken  by  states,  the  representation  from  each  state 
having  one  vote  ;  a  quorum  for  this  purpose  shall  consist 
of  a  member  or  members  from  two-thirds  of  the  states,  and 
a  majority  of  all  the  states  shall  be  necessary  to  a  choice. 
And  if  the  hotise  of  representatives  shall  not  choose  a  presi- 
dent whenever  the  right  of  choice  shall  devolve  upon  them, 
before  the  fourth  day  of  March  next  following,  then  the  vice- 
president  shall  act  as  president,  as  in  the  case  of  the  death 
or  other  constitutional  disability  of  the  president.  The 
person  having  the  greatest  number  of  votes  as  vice-presi- 
dent shall  be  the  vice-president,  if  such  number  be  a  major- 
ity of  the  whole  number  of  electors  appointed;  and  if  no 
person  have  a  majority,  then  from  the  two  highest  num- 
bers on  the  list  the  senate  shall  choose  the  vice-president : 
a  quorum  for  the  purpose  shall  consist  of  two-thirds  of  the 
whole  number  of  senators,  and  a  majority  of  the  whole 
number  shall  be  necessary  to  a  choice.  But  no  person  con- 
stitutionally ineligible  to  the  office  of  president  shall  be  eli- 
gible to  that  of  vice-president  of  the  United  States." 

CLAUSE  4.  "  The  congress  may  determine  the  time  of 
choosing  the  electors,  and  the  day  on  which  they  shall  give 
their  votes  ;  which  day  shall  be  the  same  throughout  the 
United  States." 

The  method  of  electing  the  president,  although  at  first 
sight  it  may  seem  complicated,  yet  by  a  little  study  will 
appear  plain  and  simple.  The  entire  process  is  set  forth 
in  the  preceding  clauses.  Prior,  however,  to  any  legal 
steps,  the  custom  of  political  parties  has  rigidly  fixed 
preliminary  proceedings.  For  a  long  time  previous  to 


METHOD   OF  ELECTING  PRESIDENT. 

the  presidential  election,  the  newspapers  discuss  the 
claims  of  the  various  aspirants  for  this  office. 

The  political  parties  are  thoroughly  organized,  and  in 
the  spring  or  summer  preceding  the  election,  each  party 
holds  a  national  convention,  to  nominate  a  candidate  for 
the  presidency  and  a  candidate  for  the  vice-presidency. 
Delegates  to  this  convention  are  appointed  by  a  state 
convention  of  the  party  in  each  and  every  state.  The 
number  of  delegates  fixed  upon  for  this  convention  is 
twice  the  number  of  electors  to  which  each  state  is  en- 
titled. Thus,  at  the  conventions  of  the  republican  and 
the  democratic  parties  in  1884,  both  of  which  were  held 
in  Chicago,  the  number  of  delegates  chosen  was  802. 

This  number  was  determined  as  follows  :  during  this 
decade  from  1883  to  1893  the  number  of  representatives 
in  congress  is  325.  There  were  thirty-eight  states,  and 
therefore  76  senators.  The  number  of  members, 
therefore,  in  both  houses  of  congress  was  401.  This 
number  represents  the  whole  number  of  electors  in 
the  presidential  election,  1884.  Consequently,  the 
national  convention  of  each  party  would  be  entitled 
to  802  delegates.* 

Whatever  candidate,  therefore,  should  secure  a  major- 
ity of  these  delegates  (that  is,  if  the  delegates  were  all 
present),  402  votes  in  the  convention,  would  be  the  party 
nominee  for  president.  The  same,  of  course,  would  be 
true  of  the  candidate  for  the  vice-presidency. 

In  the  national  convention  of  the  republican  party 
called  to  nominate  a  candidate  for  the  presidency  in  1880, 
no  one  received  a  majority  vote  for  several  days.  There" 
were  at  that  time  293  representatives  in  congress,  and 
76  senators.  The  whole  number  of  electors  in  that  elec- 

*  The  custom  has  obtained  of  late  to  allow  delegates  from  the  territories. 


144 


THE  EXECUTIVE  DEPARTMENT. 


tion,  therefore,  was  369,  and  the  number  of  delegates 
chosen  to  this  convention  was  738.  Of  this  number  370 
would  be  requisite  for  a  majority.  The  vote  of  the  con- 
vention day  after  day  was  divided  between  General 
Grant,  John  Sherman,  James  G.  Elaine,  and  others. 

Senator  Conkling  of  New  York  had  nominated  Gen- 
eral Grant  for  a  third  term,  and  in  a  speech  of  great 
power  had  urged  his  nomination.  General  Garfield,  in 
an  address  of  singular  ability  and  intense  magnetism, 
had  nominated  John  Sherman.  Other  nominations  were 
made,  and  day  after  day  ballots  were  taken  without  a 
choice,  306  delegates  voting  constantly  for  General 
Grant,  but  370  were  requisite  for  a  choice.  A  few  votes 
had  been  cast  for  General  Garfield,  but  finally  the  votes 
of  the  several  candidates,  except  Grant,  centered  upon 
Garfield,  and  he  was  nominated,  although  the  306  stood, 
until  the  final  vote,  for  General  Grant. 

When  the  two  great  political  parties  of  the  country, 
and  whatever  parties  may  put  candidates  in  nomination, 
have  agreed  upon  their  candidates,  the  struggle  begins 
in  earnest.  The  party  newspapers  all  over  the  country 
are  filled  with  articles  favoring  their  respective  candi- 
dates, and  discussing  the  great  principles  of  government, 
particularly  the  special  issues  involved  in  the  election ; 
and  as  the  time  for  the  election  of  the  electors  ap- 
proaches, orators  address  great  assemblies,  discussing 
the  issues  involved.  There  are  parades,  with  bands  of 
music,  torch-light  processions  of  various  organizations, 
appeals  to  principle,  and  appeals  to  sentiment,  ridicule, 
and  sarcasm,  efforts  of  wit  and  humor ;  and  in  fact  the 
whole  nation  is  stirred  to  the  very  foundation  ;  each 
party  moving  every  stone,  taking  every  means,  employ- 


ELECTION  OF  ELECTORS.  145 

ing  every  measure  to  secure  the  election  of  its  candi- 
date to  this  high  office. 

Great  evils  are  incident  to  the  presidential  campaign. 
Business  is  frequently  paralyzed,  great  enterprises  are 
checked,  and  the  thought  and  the  effort  and  the  money 
of  the  nation  all  seem  to  be  absorbed  in  the  question  of 
electing  the  chief  magistrate  of  this  great  country  for 
the  next  four  years.  On  the  other  hand,  there  is  no 
little  gain  apparent  from  this  great  contest.  All  govern- 
ment questions  are  discussed,  criticisms  upon  every 
policy  are  brought  forward,  the  judgment  of  the  nation 
is  appealed  to  on  every  point.  The  weaknesses  of  the 
different  political  organizations  are  brought  to  light,  and 
in  general,  there  is  such  a  canvassing  of  all  questions 
relating  to  our  national  government,  that  the  people 
become  more  intelligent  upon  civil  affairs  than  would 
otherwise  be  possible. 

The  candidates  now  being  nominated,  the  day  of 
election  approaches.  The  president  and  the  vice-president 
are  to  be  chosen  by  electors.  Congress,  by  an  act  passed 
in  1845,  has  fixed  the  day  of  choosing  these  electors  as 
the  Tuesday  next  after  the  first  Monday  in  November. 
The  election  of  these  electors  takes  place  on  the  same 
day  throughout  the  entire  country. 

The  legislature  of  each  state  directs  the  manner  in 
which  these  electors  shall  be  elected.  There  have  been 
heretofore  four  different  modes  of  electing  the  electors  : — 

(1)  By  joint  ballot  of  the  state  legislatures. 

(2)  By  a  concurrent  vote  of  the  two  branches  of  the 
legislature. 

(3)  By  the   popular  vote  of  the  state  on  one  joint 
ticket. 


I46         .       THE  EXECUTIVE  DEPARTMENT. 

(4)  By  the  people  voting  in  districts. 

The  method  now  adopted  by  all  the  states  is  that  of 
the  people  of  the  whole  state  voting  by  general  ticket. 
By  this  method  the  vote  of  no  state  is  divided,  but  the 
entire  state  votes  for  the  electoral  college  as  nominated 
by  one  party  or  another. 

The  electors  are  well-known  men,  who  are  virtually 
pledged  to  vote  for  the  candidate  which  has  been  nomi- 
nated by  their  party.  These  men  are  not  pledged  by 
any  undue  means,  but  it  is  understood  from  their  posi- 
tion, their  principles,  and  their  affiliations,  that  they  are 
to  vote  for  the  party  candidate.  The  electors,  thus  duly 
elected  in  each  state,  receive  a  certificate  in  triplicate 
from  the  executive  of  the  state,  certifying  their  election. 
Then  in  accordance  with  an  act  passed  by  congress, 
Feb.  3,  1887,  the  electors  must  meet  in  their  respective 
states  and  give  their  votes  on  the  second  Monday  in 
January.  Their  place  of  meeting  is  determined  by  the 
legislature  of  the  state.  It  is  usually  the  capital  of  the 
state,  but  not  necessarily.  The  electors  in  the  state  of 
Rhode  Island  meet,  by  law,  in  the  town  of  Bristol. 
Most  of  the  states  have,  however,  designated  the  state 
capital  as  the  place  for  the  electors  to  meet  and  cast 
their  votes.  The  electors  give  separate  votes  for  the 
president  and  vice-president  by  ballot.  They  then  make 
three  certificates  of  all  the  votes  given.  These  certifi- 
cates they  must  sign  and  seal,  and  certify  on  each  certifi- 
cate that  there  is  contained  within  a  list  of  the  votes 
of  the  electors  of  such  a  state  (naming  it),  for  president 
and  vice-president.  One  of  these  certificates  is  delivered 
to  the  judge  of  the  United  States  district  court  for  that 
district  in  which  the  electors  are  assembled.  A  second 


COUNTING   THE  VOTES.  147 

certificate  is  forwarded  forthwith,  by  mail,  to  Washing- 
ton, directed  to  the  president  of  the  senate.  The 
electors  appoint  a  person  as  special  messenger  to  take 
the  third  certificate,  carry  it  to  Washington,  and  deliver 
it  to  the  president  of  the  senate.  This  special  mes- 
senger is  paid  a  sum  fixed  by  law,  on  the  mileage  prin- 
ciple. The  three  certificates  of  the  election  of  these 
electors  are  transmitted  with  the  certificates  of  their 
votes. 

The  next  step  in  order  is  the  counting  of  the  votes  of 
these  electors.  This  takes  place  on  the  second  Wednes- 
day of  February,  in  the  hall  of  the  house  of  representa- 
tives, in  presence  of  both  houses  of  congress,  the 
president  of  the  senate  presiding.  On  that  day  the 
senate  marches  in  a  body  from  the  senate  chamber  to 
the  other  wing  of  the  capital,  and  enters  the  hall  of  the 
house,  the  members  of  the  house  standing  to  receive 
them.  All  being  seated,  the  president  of  the  senate 
opens  the  certificates  in  the  presence  of  the  two  houses, 
and  hands  them  to  the  tellers,  previously  appointed  by 
the  two  houses  respectively,  who  count  the  votes  state 
by  state,  in  alphabetical  order,  beginning  with  the  letter 
Ay  and  each  vote,  together  with  the  aggregate  vote,  is 
declared  by  the  presiding  officer.  This  method  gives 
dignity  and  insures  fairness  in  the  proceeding. 

The  constitution  says :  "  The  person  having  the 
greatest  number  of  votes  for  president,  shall  be  presi- 
dent if  such  be  a  majority."  It  does  not  say  that  he 
shall  be  declared  elected  president.  The  custom  has, 
however,  generally  prevailed  for  the  presiding  officer, 
after  the  votes  were  counted,  to  declare  the  person  hav- 
ing a  majority  of  the  votes,  elected  president. 


1 48  THE  EXECUTIVE  DEPARTMENT. 

At  the  last  election,  in  February,  1885,  Senator 
Edmunds,  being  president  of  the  senate  pro  tempore, 
made  no  declaration  of  the  election,  taking  the  ground 
that  the  constitution  did  not  require  it,  but  that  the  very 
announcement  that  such  a  person  had  received  a 
majority  vote  of  the  electors  made  him  president,  and 
that  it  was  not  necessary  to  declare  him  elected.  This 
view  is  embodied  in  the  act  of  Feb.  3,  1887.* 

ELECTION  BY  THE  HOUSE.  —  In  case  no  person 
receives  a  majority  of  the  votes  cast  by  the  electors  for 
president,  the  choice  of  a  president  is  referred  to  the 
house  of  representatives.  The  house  must  immediately 
proceed  to  the  election  of  president,  and  are  restricted 
in  their  votes  to  the  three  highest  candidates  in  the  vote 
by  the  electors.  In  thus  voting  for  the  president,  the 
vote  must  be  taken  by  states,  the  representatives  from 
each  state  having  one  vote.  The  vote  cannot  be  taken 
except  a  quorum  shall  be  present,  and  this  quorum  is 
determined  by  the  constitution  to  be  one  or  more 
representatives  present  from  two-thirds  of  the  states. 
It  is  possible  that  the  house  might  be  so  divided  as  to  be 
unable  to  elect  any  one  of  these  three  highest  candidates. 
The  constitution  provides  for  this  emergency.  The 
house  must  continue  voting  until  the  fourth  day  of 
March,  when  the  session  ends  and  the  congress  expires. 
In  case  they  make  no  choice  prior  to  that  date,  then  the 
constitution  provides,  that  "The  vice-president  shall  act 
as  president,  as  in  the  case  of  death,  or  other  constitu- 
tional disability  of  the  president." 

ELECTION    OF    VICE-PRESIDENT.  —  On    the    second 

*  For  this  act  of  congress  of  Feb.  3,  1887,  see  Appendix. 


QUALIFICATIONS  FOR  PRESIDENT.  149 

Wednesday  of  February,  when  the  votes  are  counted  for 
president,  in  the  presence  of  the  two  houses,  the  votes 
for  vice-president  are  also  counted,  and  "The  person 
having  the  greatest  number  of  votes  as  vice-president, 
shall  be  vice-president,  if  such  number  be  a  majority  of 
the  whole  number  of  electors  appointed."  If  there  is 
no  election  of  vice-president  by  the  electors,  then  the 
senate  shall  immediately  proceed  to  choose  a  vice-presi- 
dent. There  must  be  a  quorum  present  for  this  purpose, 
and  the  constitution  fixes  that  quorum  as  two-thirds  of 
the  whole  number  of  senators,  and  a  majority  of  the 
whole  number  shall  be  necessary  to  a  choice.  The  sen- 
ators must  choose  the  vice-president  from  the  two  high- 
est numbers  on  the  list  voted  for  by  the  electors. 

As  the  vice-president  may  become  president,  the  con- 
stitution wisely  provides,  that  "  No  person  constitution- 
ally ineligible  to  the  office  of  president  shall  be  eligible 
to  that  of  vice-president  of  the  United  States." 

CLAUSE  5.  "  No  person  except  a  natural  born  citizen, 
or  a  citizen  of  the  United  States  at  the  time  of  the  adop- 
tion of  this  constitution^  shall  be  eligible  to  tJie  office  of 
president ;  neither  shall  any  person  be  eligible  to  that 
office  who  shall  not  have  attained  to  the  age  of  thirty-five 
years,  andbeen  fourteen  years  a  resident  ivit/iin  the  United 
States." 

At  the  present  day,  therefore,  the  qualifications  for 
president  are  as  follows :  — 

(1)  He  must  be  a  native  born  citizen. 

(2)  He  must  have  attained  to  the  age  of  thirty-five 
years. 

(3)  He  must  have  been  fourteen  years  a  resident  with- 
in the  United  States. 


ISO 


THE  EXECUTIVE  DEPARTMENT. 


No  other  qualifications  can  be  demanded  than  these 
three  fixed  by  the  constitution.  It  will  be  well  here  to 
refer  to  the  qualifications  requisite  for  senators  and 
representatives,  that  comparison  may  be  instituted. 

(1)  A  representative  must  be  twenty-five  years  of  age, 
a  senator  thirty,  and  a  president  thirty-five. 

(2)  A  representative  must  have  been  a  citizen  of  the 
United  States  seven  years,  a  senator  nine  years,  and  the 
president  native  born. 

(3)  A  representative   must   be  an  inhabitant  of   the 
state  for  which  he  shall  be  chosen,  a  senator  the  same, 
and  a  president  must  have  resided  within  the  United 
States    fourteen    years.      A    temporary    sojourn    in    a 
foreign  country,  still  retaining  his  residence  at  home,  or 
a  residence  abroad  on  official  duty,  would  not  incapaci- 
tate one  from  holding  the  office  of  president  or  vice-presi- 
dent. 

CLAUSE  6.  "  In  case  of  the  removal  of  the  president 
from  office,  or  of  his  death,  resignation,  or  inability  to 
discharge  the  powers  and  duties  of  the  said  office,  the 
same  shall  devolve  on  the  vice-president ;  and  the  con- 
gress may  by  law  provide  for  the  case  of  removal,  death, 
resignation,  or  inability,  both  of  the  president  and  the 
vice-president,  declaring  what  officer  shall  then  act  as 
president,  and  such  officer  shall  act  accordingly  until 
the  disability  be  removed  or  a  president  shall  be 
elected" 

By  this  clause  the  constitution  devolves  the  duties  of 
the  office  of  president  upon  the  vice-president,  in  case 
of  the  removal,  resignation,  or  inability  of  the  president. 
No  case  occurred  where  it  was  necessary  for  the  vice- 
president  to  assume  the  duties  of  the  president,  from 


SUCCESSION  TO   THE  PRESIDENCY. 


'5* 


the  inauguration  of  President  Washington  in  1789,  down 
to  the  year  1841.  At  that  time,  by  the  death  of  Presi- 
dent Harrison,  Vice-President  Tyler  assumed  the  duties 
of  the  office  of  president.  The  question  then  arose 
whether  the  vice-president  would  become  actually  the 
president,  or  be  considered  as  acting  president.  Presi- 
dent Tyler  settled  that  point  by  assuming  at  once  the 
title  of  president,  and  thus  establishing  a  precedent  for 
all  cases. 

This  clause  makes  it  incumbent  upon  congress  to 
provide,  by  law,  for  the  case  of  vacancy  in  the  office  of 
president  or  vice-president.  Accordingly  in  1792  con- 
gress provided  that  in  case  of  the  removal,  death,  resig- 
nation, or  inability,  both  of  president  and  vice-president, 
the  president  of  the  senate  pro  tempore,  and  in  case  there 
shall  be  none,  the  speaker  of  the  house  shall  act  as 
president  until  the  disability  be  removed,  or  a  president 
be  elected. 

Congress  also  provided  by  the  same  act,  for  a  new 
election  of  president,  in  such  case.  This  law  was  in 
force  from  1792  to  1886. 

It  has  been  customary  for  the  vice-president  to  retire 
from  the  chair  previous  to  the  close  of  every  session  of 
congress,  so  that  the  senate  might  elect  a  president  pro 
tempore.  This  was  a  precautionary  measure  to  provide 
against  the  contingency  of  the  death  of  both  president 
and  vice-president,  during  the  interim  between  the  two 
sessions  of  congress.  This  law  has  seemed  to  many  as 
being  inadequate,  because  there  was  a  liability  of  vacancy 
in  the  office  of  both  president  and  vice-president  between 
the  expiration  of  one  congress  and  the  meeting  of  the 
next  congress,  when  there  would  be  no  speaker  of  the 


152 


THE  EXECUTIVE  DEPARTMENT. 


house,  and  possibly  no  president  of  the  senate  pro  tempore. 
Moreover,  grave  objections  existed  against  the  plan  of 
placing  a  member  of  the  legislative  department  in  the 
executive  chair. 

These  objections  finally  resulted  in  the  passage  of  a 
new  law  by  congress  in  January,  1886,  which  provides, 
that  in  case  of  the  removal,  death,  resignation,  or  inabil- 
ity of  both  the  president  and  vice-president  of  the  United 
States,  the  secretary  of  state>  if  there  be  one,  shall  be- 
come president,  and  hold  the  office  during  the  remainder 
of  the  presidential  term  of  four  years  ;  and  in  case  there 
is  no  secretary  of  state,  or  in  case  of  his  removal,  death, 
resignation,  or  inability,  then  the  secretary  of  the  treas- 
ury, and  next  in  order  the  secretary  of  war,  the  attorney- 
general,  the  postmaster-general,  the  secretary  of  the 
navy,  and  the  secretary  of  the  interior. 

This  bill  also  provides,  that  whenever  the  powers  and 
duties  of  the  office  of  president  of  the  United  States 
shall  devolve  upon  any  of  the  persons  named  herein,  if 
congress  be  not  then  in  session,  or  if  it  would  not  meet 
in  accordance  with  the  law  within  twenty  days  there- 
after, it  shall  be  the  duty  of  such  persons,  upon  whom 
said  powers  and  duties  shall  devolve,  to  issue  a  procla- 
mation convening  congress  in  extraordinary  session, 
giving  twenty  days'  notice  of  the  time  of  meeting.  It 
also  prescribes  "that  the  preceding  section  shall  only 
be  held  to  describe  and  apply  to  such  officer  as  shall 
have  been  appointed  by  the  advice  and  consent  of  the 
senate,  to  the  office  therein  named,  and  such  as  are 
eligible  to  the  office  of  president  under  the  constitution 
and  not  under  impeachment  by  the  house  of  representa- 
tives of  the  United  States,  at  the  time  the  powers  and 


PRESIDENT'S  SALARY.  153 

duties   of  the  office  shall  devolve  upon  them  respec- 
tively." 

The  advantages  of  this  law  over  that  previously  in 
force  are :  — 

(1)  It  retains  the  executive  power  in  the   hands   of 
officers  of  the  executive  department,  instead  of  bringing 
a  person  to  the  executive   chair  from   the   legislative 
department. 

(2)  It  retains  the  executive  power  in  the  hands  of  one 
of  the  late  president's  constitutional  advisers,  who  are 
supposed  to  be  already  familiar  with  the  plans  and  pur- 
poses of  government,  and  is  thus  likely  to  carry  forward 
the   administration  with   less   change   of  purpose  and 
policy  than  would  otherwise  be  the  case. 

(3)  This  plan  retains  for  the  four  years,  the   same 
political    party    in    power    in    the    executive    depart- 
ment. 

CLAUSE  J.  "  The  president  shall,  at  stated  times,  re- 
ceive for  his  services  a  compensation  which  shall  be 
neither  increased  nor  diminished  during  the  period  for 
which  he  shall  have  been  elected,  and  he  shall  not  receive 
within  that  period,  any  other  emolument  from  the  United 
States,  or  any  of  them." 

The  salary  of  the  president  was  originally  fixed  at 
twenty-five  thousand  dollars.  This  was  by  an  act  of 
congress  in  1789,  and  again  in  1793.  This  salary  con- 
tinued  without  change  until  1873,  when  it  was  raised  to 
fifty  thousand  dollars,  and  now  remains  at  that  amount, 
The  executive  mansion  is  furnished  to  the  president 
without  charge,  and  other  perquisites  are  attached  to 
the  office  by  law. 

The  salary  of  the  vice-president  was  originally 


THE  EXECUTIVE  DEPARTMENT. 

thousand  dollars,  and  was  raised  in  1853  to  eight  thou- 
sand dollars.  These  salaries  are  paid  monthly. 

Before  entering  upon  the  duties  of  his  office,  the  pres- 
ident takes  the  following  oath  or  affirmation  :  "  I  do  sol- 
emnly swear  (or  affirm)  that  I  will  faithfully  execute  the 
office  of  president  of  the  United  States,  and  will,  to  the 
best  of  my  ability,  preserve,  protect,  and  defend  the  con- 
stitution of  the  United  States." 

SECTION  2,  CLAUSE  i.  "  The  president  shall  be  com- 
mander-in-chief  of  the  army  and  navy  of  the  United 
States,  and  of  the  militia  of  the  several  states,  when 
called  into  actual  service  of  the  United  States ;  he  may 
require  the  opinion,  in  writing,  of  the  principal  officer  in 
each  of  the  executive  departments,  upon  any  subject  relat- 
ing to  the  duties  of  their  respective  offices,  and  he  shall 
have  poiver  to  grant  reprieves  and  pardons  for  offences 
against  the  United  States,  except  in  cases  of  impeach- 
ment!' 

Activity,  energy,  and  unity  of  purpose  are  so  requisite 
for  the  success  of  any  army  movements,  that  the  entire 
command  should  be  in  the  hands  of  a  single  person. 
The  constitution  wisely  makes  the  president  commander- 
in-chief  of  the  national  forces  upon  sea  and  land,  in  time 
of  peace  as  well  as  of  war. 

This  clause  anticipates  the  establishment  of  executive 
departments,  and  gives  the  president  the  authority  to 
obtain  in  writing  the  opinion  of  the  secretary  of  state, 
war,  navy,  etc.,  upon  any  subject  where  he  desires  it. 
He  does  not  have  the  authority  to  demand  the  opinion 
of  the  judges  of  the  supreme  court,  because  they  may 
be  called  to  decide  the  question  under  consideration  in 
some  case  regularly  brought  before  the  court,  and  it 


POWERS  OF  THE  PRESIDENT.  155 

would  not  be  wise  to  anticipate  such  a  decision,  or  to 
render  it  before  hearing  all  the  evidence. 

The  president  can  grant  reprieves  and  pardons  for 
offences  against  the  United  States,  except  in  cases  of 
impeachment. 

CLAUSE  2.  "  He  shall  have  power,  by  and  with  the 
advice  and  consent  of  tJie  senate,  to  make  treaties,  pro- 
vided two-thirds  of  the  senators  present  concur ;  and  he 
shall  nominate,  and  by  and  with  the  advice  and  consent 
of  the  senate,  shall  appoint  ambassadors,  other  public 
ministers  and  consuls,  judges  of  the  supreme  court,  and 
all  other  officers  of  the  United  States,  whose  appointments 
are  not  herein  otJicrwise  provided  for,  and  which  shall  be 
established  by  law .'  but  tJie  congress  may  by  law  vest  the 
appointment  of  such  inferior  officers  as  they  think  proper, 
in  the  president  alone,  in  the  courts  of  law,  or  in  tJie 
heads  of  departments" 

By  this  clause  the  president  has  power : 

(1)  To  make  treaties,  with  the  consent  of  the  senate. 

(2)  To  nominate  certain  public  officers. 

Treaties  are  solemn  agreements  between  independent 
nations,  generally  relating  to  peace,  war,  commerce,  nav- 
igation, territory,  boundaries,  etc.  Treaties  are  usually 
first  negotiated  between  ministers,  or  ambassadors,  ap- 
pointed for  this  purpose  by  the  governments  interested. 
When  the  terms  of  the  treaty  are  agreed  upon  the  pres- 
ident lays  the  matter  before  the  senate,  which  discusses 
it  in  executive  session  with  closed  doors.  A  two-thirds 
vote  is  necessary  for  ratification. 

The  appointing  power  is  mainly  vested  in  the  pres- 
ident, but  the  appointments  must  be  made  by  and  with 
the  advice  and  consent  of  the  senate.  But  the  clause 


1 56  THE  EXECUTIVE  DEPARTMENT. 

gives  to  congress  the  power  to  arrange  for  the  appoint- 
ment of  the  inferior  officers  by  others  than  the  pres- 
ident. In  the  appointment  of  a  permanent  United  States 
officer  by  the  president,  three  things  are  essential. 

(1)  That  the  person  shall  be  nominated  in  writing  by 
the  president  to  the  senate. 

(2)  That  the  senate  shall  advise  and  consent  to  his 
appointment. 

(3)  That  subsequently  the  president  actually  appoints. 
A  nomination  is  not  an  appointment. 

CLAUSE  3.  "  The  president  sliall  have  power  to  fill  up 
all  vacancies  that  may  happen  during  tJie  recess  of  the 
senate,  by  granting  commissions  which  shall  expire  at  the 
end  of  their  next  session" 

The  power  of  temporary  appointments,  when  the 
senate  is  not  in  session,  is  given  to  the  president  alone, 
but  such  appointments  expire  at  the  end  of  the  next 
session  of  the  senate.  If  the  senate,  however,  in  its 
session  fails  to  make  an  appointment,  then  it  is  consid- 
ered that  a  vacancy  has  again  happened  in  the  office, 
which  the  president  may  proceed  to  fill  by  another 
appointment,  which  shall  hold  until  the  end  of  the  next 
session  of  the  senate. 

The  next  clause  of  this  article  states  that  the  pres- 
ident shall  "  from  time  to  time  give  to  the  congress 
information  of  the  state  of  the  Union,  and  recommend 
to  their  consideration  such  measures  as  he  shall  judge 
necessary  and  expedient." 

In  accordance  with  this  clause,  it  is  the  custom  for 
the  president  to  send  a  message  to  congress  annually  at 
the  beginning  of  their  session.  Power  is  given  by  this 
section  to  the  president  to  convene  both  houses,  or 


POWERS  OF  THE  PRESIDENT. 

either  of  them,  whenever  he  shall  choose,  and  in  case 
they  shall  disagree  on  the  matter  of  adjournment,  that 
he  may  adjourn  them.  It  is  also  provided  that  he  shall 
receive  ambassadors,  and  other  public  ministers,  and 
"shall  take  care  that  the  laws  be  faithfully  executed, 
and  shall  commission  all  officers  of  the  United  States." 

SECTION  4.  "  The  president,  vice-president,  and  aL 
civil  officers  of  the  United  States,  shall  be  removed  from 
office  on  impeachment  for,  and  conviction  of,  treason,  brib- 
ery, or  other  high  crimes  and  misdemeanors" 

This  limits  the  power  of  impeachment  to  the  presi- 
dent, the  vice-president,  and  all  civil  officers  of  the 
United  States,  and  if  any  such  officer  shall  be  impeached 
by  the  house,  and  tried  by  the  senate  and  convicted,  he 
is  necessarily  removed  from  the  office.  It  does  not  even 
require  a  vote  to  remove  him.  His  conviction  on  im- 
peachment at  once  deprives  him  of  the  office. 

Heads  of  departments  have  already  been  alluded  to  in 
the  constitution.  By  various  acts  of  congress,  the  execu- 
tive and  administrative  business  of  the  government  has 
been  distributed  among  several  executive  departments. 
There  are  now  eight  of  these,  namely  :  — 

(1)  The  department  of  state. 

(2)  The  department  of  the  treasury. 

(3)  The  department  of  war. 

(4)  The  department  of  the  navy. 

(5)  The  department  of  the  post-office. 

(6)  The  department  of  the  interior. 

(7)  The  department  of  justice. 

(8)  The  department  of  agriculture. 

These  executive  departments  will  be  considered  under 
Part  III. 


CHAPTER   X. 

THE  JUDICIAL    DEPARTMENT.       ARTICLE    III. 

WE  have  seen  that  the  first  article  of  the  constitution 
treats  of  the  legislative  department,  and  the  second 
article  of  the  executive  department.  We  now  proceed 
to  consider  the  third  article,  which  relates  to  the  judicial 
department. 

SECTION  i.  "  The  judicial  poiver  of  the  United  States 
shall  be  vested  in  one  supreme  court,  and  in  such  inferior 
courts  as  the  congress  may  from  time  to  time  ordain  and 
establish.  The  judges,  both  of  the  supreme  and  inferior 
courts,  shall  hold  their  offices  during  good  behavior,  and 
shall,  at  stated  times,  receive  for  their  services  a  compen- 
sation which  shall  not  be  diminished  during  their  continu- 
ance in  office." 

The  principal  courts  of  the  United  States  are :  — 

(1)  The  supreme  court. 

(2)  The  circuit  court. 

(3)  The  district  court.* 
Besides  these  there  are  :  — 

(1)  Courts  of  claims,  established  in  1855. 

(2)  Supreme  court  of  the  District  of  Columbia. 

(3)  Supreme  courts  in  the  territories. 

(4)  District  courts  in  the  territories. 

Of  these  latter  it  is  not  necessary  here  to  speak. 
The  supreme  court  at  the  present  time  consists  of  a 
chief  justice  and  eight  associate  justices.     These  nine 


*  In  1891  Congress  established  a  new  court,  called  the  Circuit  Court  of 
Appeals,  with  circuits  and  judges  corresponding  to  the  Circuit  Court. 


THE  JUDICIAL  POWER.  159 

justices  correspond  to  the  number  of  circuits,  and  one 
of  them  is  assigned  to  each  circuit.  There  are  nine 
circuit  courts,  with  nine  judges  of  these  courts.  Ap- 
peals may  be  taken  from  the  circuit  court  to  the  supreme 
court.  These  circuit  courts  are  again  divided  into  dis- 
tricts, every  state  having  at  least  one  district  court. 
Some  of  the  larger  states  are  divided  into  two  and 
three  districts. 

The  salaries  of  the  district  judges  vary  from  thirty- 
five  hundred  dollars  to  five  thousand  dollars.  The 
judges  of  the  circuit  courts  receive  a  salary  of  six  thou- 
sand dollars.  The  associate  justices  of  the  supreme 
court  have  a  salary  of  ten  thousand  dollars,  and  the 
chief  justice  of  this  court  receives  ten  thousand  five 
hundred  dollars. 

SECTION  2,  CLAUSE  I.  "  The  judicial  power  shall 
extend  to  all  cases  in  law  and  equity  arising  under  this 
constitution,  the  laws  of  the  United  States,  and  treaties 
made  under  their  authority  ;  to  all  cases  affecting  ambas- 
sadors, other  public  ministers,  and  consuls ;  to  all  cases 
of  admiralty  ajid  maritime  jurisdiction  ;  to  controversies 
between  two  or  more  states  ;  between  a  state  and  citizens 
of  another  state  ;  between  citizens  of  different  states  ;  be- 
tween citizens  of  the  same  state,  claiming  lands  under 
grants  of  different  states,  and  between  a  state,  or  the  citi- 
'  zens  thereof,  and  foreign  states,  citizens,  or  subjects!' 

Only  certain  kinds  of  cases  can  be  brought  before  the 
United  States  courts.  These  courts  have  jurisdiction 
in  the  following  cases  :  — • 

(i)  All  cases  in  law  and  equity  arising  under  the  con- 
stitution, the  laws  of  the  United  States,  and  treaties 
made,  or  which  shall  be  made,  under  their  authority. 


160  THE  JUDICIAL  DEPARTMENT. 

(2)  All  cases  affecting  ambassadors,  other  public  min- 
isters, and  consuls. 

(3)  All  cases  of  admiralty  and  maritime  jurisdiction. 

(4)  Controversies  to  which  the  United  States  shall 
be  a  party. 

(5)  Controversies  between  two  or  more  states. 

(6)  Controversies  between  a  state  and  the  citizens  of 
another  state. 

(7)  Controversies  between  citizens  of  different  states. 

(8)  Controversies  between  citizens  of  the  same  state 
claiming  lands  under  grants  of  different  states. 

(9)  Controversies   between   a   state,    or   the   citizens 
thereof,  and  foreign, states,  citizens,  or  subjects. 

The  judicial  power  of  the  United  States  is  here  ex- 
tended (see  6)  to  controversies  between  a  state  and  citi- 
zens of  another  state.  This  clause  gave  much  discus- 
sion at  the  time  the  constitution  was  adopted,  and  the 
states  were  unwilling  to  be  subjected  to  law  suits 
brought  by  citizens  of  other  states.  Accordingly,  an 
amendment  to  the  constitution  was  proposed,  and  on 
the  8th  of  January,  1798,  the  president  announced  to  the 
congress  that  the  amendment  had  been  adopted  by 
three-fourths  of  the  states,  and  was,  therefore,  a  part  of 
the  constitution.  This  constitutes  the  eleventh  of  the 
amendments,  and  is  as  follows  :  — 

"  The  judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit  in  law,  commenced  or  prose- 
cuted against  one  of  the  United  States  by  citizens  of  another 
state,  or  by  citizens  or  subjects  of  arty  foreign  state" 

Such  cases  must  be  brought  before  the  state  courts. 

CLAUSE  3.  "  The  trial  of  all  crimes,  except  in  cases  of 
impeachment,  shall  be  by  jury ;  and  such  trial  shall  be 


TREASON.  l6l 

held  in  tJie  state  where  the  said  crimes  shall  have  been 
committed ;  but  when  not  committed  witJiin  any  state,  the 
trial  shall  be  at  such  place  or  places  as  the  congress  may 
by  law  have  directed." 

A  jury  consists  of  twelve  men,  selected  according  to 
law,  to  determine  matters  of  fact  in  a  legal  trial.  The 
right  of  trial  by  a  jury  of  one's  peers  was  a  right  highly 
esteemed  by  the  people  of  Great  Britain,  which  they  a 
long  time  ago  compelled  their  king  to  yield  to  them. 
This  right  is  here  made  a  part  of  the  constitution  of 
our  country,  and  although  not  yielding  all  the  good 
fruit  which  might  be  desired,  yet  is  considered  as  one 
of  the  guarantees  of  a  fair  trial  to  any  one  accused  of 
crime. 

This  clause  also  provides  that  all  trials  for  crime  shall 
be  held  in  the  state  where  such  crime  has  been  com- 
mitted. 

SECTION  3,  CLAUSE  i.  "  Treason  against  the  United 
States  shall  consist  only  in  levying  war  against  them,  or 
in  adhering  to  their  enemies,  giving  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason  unless  on 
the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on 
confession  in  open  court." 

This  clause  defines  treason  as  consisting  of  only  two 
things,  — 

(1)  In  levying  war  against  the  United  States. 

(2)  In  adhering  to  their  enemies,  giving  them  aid  and 
comfort,  and  it  provides  that  "  no  person  shall  be  con- 
victed of  treason  unless  on  the  testimony  of  two  wit- 
nesses to  the  same  overt  act,  or  on  confession  in  open 
court." 

CLAUSE  2.     "  The  congress  shall  have  the  power  to 


1 62  THE  JUDICIAL  DEPARTMENT. 

declare  the  punishment  of  treason  ;  but  no  attainder  of 
treason  shall  work  corruption  of  blood,  or  forfeiture, 
except  during  the  life  of  the  person  attainted!' 

The  terms  here  used  refer  to  an  English  custom. 
The  old  English  law  provided  certain  consequences  as 
to  the  mode  of  execution  of  one  who  had  been  convicted 
of  treason.  He  was  to  be  put  to  death  in  a  cruel  man- 
ner, and  his  conviction  involved  what  was  called  attain- 
der, and  this  worked  corruption  of  blood,  or  forfeiture. 

There  was  no  judgment  of  attainder,  but  the  attainder 
was  incident  to  the  conviction  as  a  matter  of  course. 
This  attainder,  as  a  natural  consequence,  was  supposed 
to  include  corruption  of  blood,  or  forfeiture.  His  prop- 
erty of  every  kind  was  forfeited.  His  children  could 
not  inherit  property  from  his  ancestors  through  him. 
What  was  termed  "  corruption  of  blood  "  destroyed  the 
power  to  inherit  property. 

Our  constitution  prescribes  that  the  offender  himself 
shall  bear  the  punishment.  It  shall  not  descend  to  his 
children.  There  may  be  forfeiture,  but  this  is  rather 
in  the  nature  of  a  fine,  made  at  his  conviction.  This 
clause  does  not  mean  that  the  forfeiture  shall  extend 
only  during  the  life  of  the  person.  The  forfeiture  or 
fine  once  made,  of  course  the  property  or  fine  goes  to 
the  government  permanently  and  not  temporarily. 


CHAPTER  XI. 

MISCELLANEOUS   PROVISIONS. 

ARTICLE  IV.  — The  first  section  of  this  article  states, 
that  "full  faith  and  credit  shall  be  given  to  the  public 
acts,  records,  and  judicial  proceedings  of  every  other 
state,  and  the  congress,  may,  by  general  laws  prescribe 
the  manner  in  which  said  acts,  records,  and  proceedings 
shall  be  proved,  and  the  effect  thereof." 

(1)  "Full  faith   and   credit."     By   these   words   are 
meant  that  the  other  state  shall  give  the  same  credit, 
which  the  state  itself  gives  to  the  acts,  etc.,  when  these 
have  been  proven. 

(2)  "  Public  acts."     By  these  are  meant  the  laws  of 
the  state,  or  the  action  of  the  legislature. 

(3)  "Records."     These   refer  to  general   matters  of 
legal  record,  such  as  laws,  real  estate  records,  legislative 
journals,  etc. 

(4)  "Judicial   proceedings."     The  reference   here   is 
to  the  acts  of  the  courts,  judgments,  orders,  proceed- 
ings.    In  obedience  to  the  last  part  of  the  clause,  con- 
gress, at  an  early  date  passed  an  act  specifying  that  the 
acts  of  the  legislature  of  a  state  shall  be  authenticated 
by  its  seal.     The  same  act  also  specifies  the  form   of 
proof   necessary  for  the  records  of  a   court,  and   the 
attestation  of  the  clerk  together  with  the  certificate  of 
the  judge.     Such  records  and  proceedings  must  receive 
full  faith  and  credit  in  the  courts  of  other  states. 


1 64  MISCELLANEOUS  PROVISIONS. 

The  second  section  of  this  article  directs,  that  "the  cit- 
izens of  each  state  shall  be  entitled  to  all  the  privileges 
and  immunities  of  citizens  in  the  several  states."  This 
section  also  has  the  following  clause :  — 

CLAUSE  2.  "A  person  charged  in  any  state  with  treason, 
felony ',  or  other  crime,  who  shall  flee  from  jtistice  and  be 
found  in  another  state,  shall,  on  demand  of  the  executive 
authority  of  the  state  from  which  he  fled,  be  delivered  up  to 
be  removed  to  the  state  having  jurisdiction  of  the  crime" 

A  fugitive  from  justice  may  be  arrested  and  retained 
prior  to  the  demand  of  the  governor.  Some  of  the 
nations  have  treaties  with  each  other  by  which  a  fugi- 
tive from  justice,  who  has  escaped  from  one  to  another 
of  these  nations,  must  be  given  up  on  demand.  This  is 
called  extradition.  This  term  is  sometimes  applied  to 
the  giving  up  of  a  fugitive  from  justice,  by  the  governor 
of  one  state,  on  request  of  the  governor  of  another  state, 
but  strictly  speaking,  extradition  is  international.  The 
interstate  surrender  is  not  extradition. 

The  third  clause  of  this  section  provides  that  persons 
"  held  to  service  or  labor  "  under  the  laws  of  one  state 
escaping  into  another  must  be  delivered  up.  This  is 
the  famous  fugitive-slave  clause  which  has  figured  so 
conspicuously  in  the  history  of  this  nation,  but  happily 
has  no  bearing  upon  present  affairs,  since  the  slaves 
have  been  emancipated  throughout  the  entire  nation. 

SECTION  3,  CLAUSE  i.  "  New  states  may  be  admitted 
by  the  congress  into  this  union;  but  no  new  state  shall 
be  formed  or  erected  within  the  jurisdiction  of  any  other 
state,  nor  any  state  be  formed  by  the  junction  of  two  or 
more  states,  without  the  consent  of  the  legislatures  of  the 
states  concerned,  as  well  as  of  the  congress" 


FREE  AND  SLAVE  STATES.  165 

It  is  interesting  here  to  observe  how  the  balance  of 
power  was  for  so  long  a  time  kept  up  in  the  United 
States  senate  between  the  free  states  and  the  slave 
states. 

Seven  of  the  thirteen  original  states  were  free  states 
at  the  time  of  the  adoption  of  the  constitution,  and  six 
of  them  were  slave  states.  The  first  added  state  was 
Vermont,  a  free  state,  which  was  admitted  into  the 
union  by  an  act  of  congress  in  1791. 

In  1792,  Kentucky,  a  slave  state,  was  admitted. 

In  1796,  Tennessee,  a  slave  state,  was  admitted. 

We  began  the  century,  therefore,  with  eight  free  states 
and  eight  slave  states. 

In  1802,  Ohio,  a  free  state,  was  admitted. 

In  1812,  Louisiana,  a  slave  state,  was  admitted. 

In  1816,  Indiana,  a  free  state,  was  admitted. 

In  1817,  Mississippi,  a  slave  state,  was  admitted. 

In  1818,  Illinois,  a  free  state,  was  admitted. 

In  1819,  Alabama,  a  slave  state,  was  admitted. 

In  1820,  Maine,  a  free  state,  was  admitted. 

In  1821,  Missouri,  a  slave  state,  was  admitted. 

In  1836,  Arkansas,  a  slave  state,  was  admitted. 

In  1837,  Michigan,  a  free  state,  was  admitted. 

In  1845,  Florida,  a  slave  state,  was  admitted. 

In  1845,  Texas,  a  slave  state,  was  admitted. 

In  1846,  Iowa,  a  free  state,  was  admitted. 

In  1848,  Wisconsin,  a  free  state,  was  admitted. 

It  thus  appears  that  for  half  a  century,  up  to  1850, 
the  balance  of  power  had  been  preserved  in  the  senate, 
by  the  admission  of  an  equal  number  of  free  states  and 
slave  states. 

There  had  been  a  severe  contest  on  the  admission  of 


!66  MISCELLANEOUS  PROVISIONS. 

Missouri,  which  finally  resulted  in  what  is  known  as  the 
"  Missouri  Compromise,"  by  which  that  state  came  in  as  a 
slave  state,  with  the  proviso  passed  by  congress  that 
north  of  its  southern  line  no  more  slave  states  should  be 
admitted. 

The  breadth  of  the  northern  country  was  much  greater 
than  that  of  the  southern  section.  The  opportunity, 
therefore,  for  the  admission  of  northern  states,  which 
would  be  likely  to  be  free  states,  was  greater  than  for 
the  admission  of  southern  states,  which  would  probably 
be  slave  states  ;  hence  those  efforts  were  made,  which  in 
1845  resulted  in  the  annexation  of  Texas  to  this  coun- 
try. The  republic  of  Texas  when  annexed  to  the  United 
States  contained  about  300,000  square  miles,  a  territory 
larger  than  that  of  France,  or  Spain,  or  Italy,  or  the 
present  German  Empire.  Here  was  a  territory  out  of 
which  many  southern  states  in  time  might  be  carved.  It 
is  a  little  singular  that  to  this  day  Texas  remains  intact, 
except  that  a  portion  of  its  western  land  was  purchased 
by  the  United  States  long  since,  and  afterwards  annexed 
to  the  territory  of  New  Mexico. 

After  the  purchase  of  New  Mexico  and  California,  at 
the  close  of  the  Mexican  War,  the  South  had  a  wide  ex- 
tent of  new  territory,  and  California  was  the  first  state 
from  this  territory  to  form  a  constitution  and  ask  to  be 
admitted  to  the  union.  The  influx  of  population,  after 
the  discovery  of  gold  in  that  distant  region,  had  proved 
to  be  more  largely  from  the  North  than  from  the  South. 
This  resulted  in  the  formation  of  a  free  state  constitution. 

In  1850,  California,  a  free  state,  was  admitted. 

In  1858,  Minnesota,  a  free  state,  was  admitted. 

In  1859,  Oregon,  a  free  state,  was  admitted. 


THE  TERRITORIES.  167 

Then  came  the  severe  contest  upon  the  "  Kansas- 
Nebraska  Bill"  so  called,  introduced  by  Mr.  Douglas. 
This  finally  resulted  in  the  admission  of  Kansas  in  1861 
as  a  free  state.  During  the  war,  West  Virginia  was  ad- 
mitted in  1863,  and  Nevada  was  admitted  in  1864. 
Slavery  was  abolished  by  an  amendment  to  the  consti- 
tution, and  thus  this  contest  was  finally  ended. 

Nebraska  was  admitted  in  1867,  and  Colorado  in  1876. 
In  1889,  North  Dakota,  South  Dakota,  Montana,  and 
Washington.  In  1890,  Idaho  and  Wyoming. 

CLAUSE  2.  "  The  congress  shall  have  power  to  dispose 
of,  and  make  all  needful  rules  and  regulations,  respecting 
the  territory  or  other  property  belonging  to  the  United 
States,  and  nothing  in  this  constitution  shall  be  so  con- 
strued  as  to  prejudice  any  claims  of  the  United  States,  or 
of  any  particular  state" 

This  clause  will  receive  attention  in  another  place. 

SECTION  4.  "  The  United  States  shall  guarantee  to 
every  state  in  this  Union  a  republican  form  of  govern" 
mcnt,  and  shall  protect  each  of  them  against  invasion,  and, 
on  application  of  the  legislature,  or  of  the  executive  when 
the  legislature  cannot  be  convened,  against  domestic  vio- 
lence." 

By  this  section  a  republican  government  is  made  obli- 
gatory upon  all  the  states.  No  particular  department  of 
the  United  States  government  is  charged  with  this  duty. 
It  would  seem  reasonable  that  congress  should  decide 
what  government  is  the  established  one  in  a  state,  and 
this  has  been  sanctioned  by  a  decision  of  the  supreme 
court  It  would  seem  necessary  also  that  the  president, 
as  the  executive  officer  of  the  national  government,  and 
commander-in-chief  of  the  armies  of  the  nation,  should 


!68  MISCELLANEOUS  PROVISIONS. 

see  that  the  provisions  of  this  section  should  be  en- 
forced. 

ARTICLE  V.  This  article  treats  of  the  mode  of 
amending  the  constitution  :  — 

"  The  congress,  whenever  two-thirds  of  both  houses  shall 
deem  it  necessary,  shall  propose  amendments  to  this  consti- 
tution, or,  on  the  application  of  the  legislature  of  two-thirds 
of  the  several  states,  shall  call  a  convention  for  proposing 
amendments,  which,  in  either  case,  shall  be  valid  to  all 
intents  and  purposes,  as  part  of  this  constitution,  when 
ratified  by  tJie  legislatures  of  three-fourths  of  the  several 
states,  or  by  the  conventions  in  three-fourths  thereof,  as 
the  one  or  the  other  mode  of  ratification  may  be  proposed 
by  congress :  provided  that  no  amendment  which  may  be 
made  prior  to  the  year  one  thousand  eight  hundred  and 
eight  shall  in  any  manner  affect  the  first  and  fourth  clauses 
in  the  ninth  section  of  the  first  article,  and  that  no  state y 
without  its  consent,  shall  be  deprived  of  its  equal  suffrage 
in  the  senate." 

Two  modes  of  proposing  amendments  are  here  given, 
and  there  may  be  two  modes  of  ratification. 

(1)  Amendments  to  the  constitution  may  be  proposed 
to  the  several  states  by  a  two-thirds  vote  of  both  houses 
in  congress. 

(2)  Amendments  may  be  proposed  by  a  convention, 
on  the  application  of  the  legislatures  of  two-thirds  of  the 
states. 

Whenever  amendments  have  been  proposed  to  the 
states  by  either  of  these  methods,  there  are  two  ways  in 
which  they  may  be  ratified  :  — 

(i)  By  the  legislatures  of  three-fourths  of  the  several 
states. 


RATIFICATION  AND  AMENDMENTS.  159 

(2)  By  conventions  in  three-fourths  of  the  several 
states,  as  the  one  or  the  other  mode  of  ratification  may 
be  proposed  by  congress.  As  a  matter  of  fact,  all  the 
amendments  which  have  been  hitherto  made  have  been 
proposed  to  the  states  by  congress,  and  they  have  all 
been  ratified  by  the  legislatures.  It  is  probable  that  this 
method,  which  has  proved  satisfactory  in  the  past,  will 
not  be  departed  from  in  the  future. 

ARTICLE  VI.  This  article  contains  several  provisions 
upon  miscellaneous  subjects,  among  which  the  following 
is  of  the  most  consequence  :  — 

CLAUSE  2.  "  This  constitution,  and  the  laws  of  the 
United  States  which  shall  be  made  in  purstiance  thereof  ] 
and  all  treaties  made,  or  which  shall  be  made,  under  the 
authority  of  the  United  States,  shall  be  the  supreme  law 
of  tJie  land ;  and  the  judges  of  every  state  shall  be  bound 
thereby,  anything  in  the  constitution  or  laws  of  any  state 
to  the  contrary  notwithstanding" 

This  clause  is  of  paramount  importance  in  showing 
that  the  government  of  the  United  States  is  supreme, 
and  must  be,  not  merely  over  the  people,  but  the  land, 
the  country,  and  all  places  belonging  to  this  nation. 
The  constitution,  laws,  and  treaties  are  here  made  the 
supreme  law  of  the  land,  and  the  statement  is  explicit 
and  emphatic,  that  "the  judges  of  every  state  shall  be 
bound  thereby,  anything  in  the  constitution  or  laws  of 
any  state  to  the  contrary  notwithstanding. 

ARTICLE  VII.    "  The  ratification  of  the  conventions  of  , 
nine  states  shall  be  sufficient  for  the  establishment  of  this 
constitution  between  the  states  so  ratifying  the  same'' 

As  a  matter  of  fact,  the  adoption  of  this  constitution 
was  a  peaceful  revolution. 


MISCELLANEOUS  PROVISIONS. 

The  articles  of  confederation  provided  as  follows  : 
"And  the  articles  of  this  confederation  shall  be  invio- 
lably observed  by  every  state,  and  the  union  shall  be 
perpetual  ;  nor  shall  any  alteration  at  any  time  hereafter 
be  made  in  any  of  them,  unless  such  alteration  be  agreed 
to  in  a  congress  of  the  United  States,  and  be  afterwards 
confirmed  by  the  legislatures  of  every  state." 

They  further  provide  "That  the  articles  thereof  shall 
be  inviolably  observed  by  the  states  they  respectively 
represent,  and  that  the  union  shall  be  perpetual." 

Contrary  then  to  these  provisions  of  the  articles  of 
confederation  which  were  emphatically  the  supreme  law 
of  the  land,  this  constitution  should  go  into  effect  be- 
tween nine  states  as  soon  as  ratified  by  that  number. 


CHAPTER  XII. 

THE    AMENDMENTS    TO'  THE    CONSTITUTION. 

CONVENTIONS  were  called  in  the  several  states  to  dis- 
cuss, and  adopt  or  reject,  this  constitution.  After  a 
time  it  was  adopted  by  all  of  the  thirteen  original  states, 
yet  in  several  conventions  there  was  a  strong  desire  for 
certain  modifications  to  satisfy  the  evident  will  of  the 
people. 

Congress,  at  its  first  session  under  the  constitution, 
proposed  to  the  states  twelve  articles  of  amendments. 
Of  these  twelve  articles,  ten  were  ratified  by  the  legis- 
latures of  three-fourths  of  the  states,  and  became  part 
and  parcel  of  the  constitution  from  the  fifteenth  day  of 
December,  1791.  These  amendments  constitute  the 
first  ten  of  the  amendments  to  the  constitution.  They, 
in  general,  relate  to  the  rights  of  the  people,  and  to 
limitations  of  government.  (The  teacher  is  advised 
to  turn  back  to  the  constitution  and  read  these  amend- 
ments, discussing  them  in  an  informal  way  with  the 
class.) 

The  eleventh  amendment  was  proposed  at  the  first 
session  of  the  third  congress,  in  1794,  and  was  declared 
adopted  as  a  part  of  the  constitution  Jan.  8,  1798.  It  is 
as  follows :  — 

ARTICLE  XL  "  The  judicial  poiver  of  the  United 
States  shall  not  be  construed  to  extend  to  any  suit  in  law 
or  equity ',  commenced  or  prosecuted  against  one  of  the 


172 


AMENDMENTS  TO    THE  CONSTITUTION. 


United  States  by  citizens  of  another  state,  or  by  citizens 
or  subjects  of  any  foreign  state" 

The  twelfth  amendment  relates  to  the  manner  of  elect- 
ing president  and  vice-president,  and  has  already  been 
considered.  It  was  proposed  at  the  first  session  of  the 
eighth  congress,  in  1803,  and  was  adopted  by  the  requi- 
site number  of  states  the  next  year.  At  present  there 
are  three  other  amendments,  the  thirteenth,  fourteenth, 
and  fifteenth,  all  of  which  have  grown  out  of  the  civil  war. 

ARTICLE  XIII.  SECTION  I.  "Neither  slavery  nor  in- 
voluntary  servitude,  except  as  a  punishment  for  crime, 
whereof  the  party  shall  have  been  duly  convicted,  shall 
exist  within  the  United  States,  or  any  place  subject  to 
their  jurisdiction. ' ' 

SECTION  2.  "  Congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation" 

This  amendment  was  proposed  by  congress  in  1865, 
and  ratified  by  the  constitutional  number  of  states  the 
same  year. 

ARTICLE  XIV.  SECTION  i.  "All persons  born  or  natu- 
ralized in  the  United  States,  and  subject  to  the  jurisdiction 
thereof,  are  citizens  of  the  United  States  and  of  the  state 
wherein  they  reside.  No  state  shall  make  or  enforce  any 
law  which  shall  abridge  the  privileges  or  immunities  of 
citizens  of  the  United  States ;  nor  shall  any  state  deprive 
any  person  of  life,  liberty,  or  property  without  due  process 
of  law,  nor  deny  to  any  person  within  its  jurisdiction  the 
equal  protection  of  the  laws" 

SECTION  2.  "  Representatives  shall  be  apportioned 
among  the  several  states  according  to  their  respective 
numbers,  counting  the  whole  number  of  persons  in  each 
state,  excluding  Indians  not  taxed.  But  when  the  right 


THE  FOURTEENTH  AMENDMENT.  173 

to  vote  at  any  election  for  the  choice  of  electors  for 
president  and  vice-president  of  the  United  States,  repre- 
sentatives in  congress,  the  executive  and  judicial  officers 
of  a  state,  or  the  members  of  the  legislature  thereof,  is 
denied  to  any  of  the  male  inhabitants  of  stick  state  being 
twenty-one  years  of  age,  and  citizens  of  the  United  States, 
or  in  any  way  abridged,  except  for  participation  in  rebel- 
lion or  other  crime,  the  basis  of  representation  therein  shall 
be  reduced  in  the  proportion  which  the  number  of  such 
male  citizens  shall  bear  to  the  whole  number  of  male  citi- 
zens twenty-one  years  of  age  in  such  state" 

SECTION  3.  "  No  person  shall  be  a  senator  or  represen- 
tative in  congress,  or  elector  of  president  and  vice-presi- 
dent, or  hold  any  office,  civil  or  military,  under  the  United 
States,  or  under  any  state,  who,  having  previously  taken 
an  oath  as  a  member  of  congress,  or  as  an  officer  of  the 
United  States,  or  as  a  member  of  any  state  legislature,  or 
as  an  executive  or  judicial  officer  of  any  state,  to  support 
the  constitution  of  the  United  States,  shall  have  engaged 
in  insurrection  or  rebellion  against  the  same,  or  given  aid 
or  comfort  to  the  enemies  thereof.  But  congress  may,  by  a 
vote  of  two-thirds  of  each  house,  remove  such  disability." 
SECTION  4.  "  The  validity  of  the  public  debt  of  the 
United  States,  authorized  by  law,  including  debts  in- 
ctirred  for  payment  of  pensions  and  bounties  for  services 
in  suppressing  insurrection  or  rebellion,  shall  not  be  ques- 
tioned. But  neither  the  United  States  nor  any  state  shall 
s  assume  or  pay  any  debt  or  obligation  incurred  in  aid  of 
insurrection  or  rebellion  against  the  United  States,  or  any 
claim  for  loss  or  emancipation  of  any  slave  ;  but  all  such 
debt$,  obligations  and  claims  shall  be  held  illegal  and 
void." 


174       AMENDMENTS  TO   THE  CONSTITUTION. 

SECTION  5.  "  The  congress  shall  have  power  to  enforce, 
by  appropriate  legislation,  the  provisions  of  this  article" 

This  amendment  was  proposed  by  congress  in  1866, 
and  was  declared  to  be  a  part  of  the  constitution  in 
July,  1868.  It  need  not  be  further  discussed  here. 

ARTICLE  XV.,  SECTION  i.  "  The  right  of  citizens  of 
the  United  States  to  vote  shall  not  be  denied  or  abridged 
by  the  United  States  or  by  any  state  on  account  of  race, 
color,  or  previous  condition  of  servitude" 

SECTION  2.  "  The  congress  shall  have  power  to  enforce 
this  article  by  appropriate  legislation" 

The  object  of  this  article  was  to  secure  suffrage  to 
the  colored  race,  especially  to  the  freedmen  of  the 
South.  It  specifies  three  points  in  respect  to  which  the 
right  of  citizens  of  the  United  States  to  vote,  shall  not 
be  denied  or  abridged,  either  by  the  national  or  state 
governments  :  — 

(1)  On  account  of  race. 

(2)  On  account  of  color. 

(3)  On  account  of  previous  condition  of  servitude. 

It  was  at  first  proposed  to  add  two  other  points, 
nativity  and  religion,  but  these  were  stricken  out  before 
the  proposed  amendment  was  sanctioned  by  congress. 

This  amendment  was  proposed  by  congress  in  1869, 
and  was  declared  to  be  ratified  in  1870. 

PUTTING  THE  CONSTITUTION  INTO  OPERATION.  —  In 
July,  1788,  a  committee  was  appointed  by  the  con- 
gress to  report  an  act  for  putting  the  constitution  into 
operation.  This  committee  reported  an  act  which  was 
adopted  on  the  I3th  of  September,  as  follows  :  — 

"  RESOLVED,  that  the  first  Wednesday  in  January  next 
be  the  day  of  appointing  electors  in  the  several  states, 


THE  GOVERNMENT  IN  OPERATION. 


'75 


•whicJi,  before  tlie  said  day  shall  have  ratified  the  said 
constitution  ;  that  the  first  Wednesday  in  February  next 
be  the  day  for  the  electors  to  assemble  in  their  respective 
states,  and  vote  for  a  president ;  and  that  the  first  Wednes- 
day in  March  next  be  tJie  time,  and  the  present  seat  of  con- 
gress the  place,  for  commencing  proceedings  under  the  said 
constitution'1 

The  first  Wednesday  in  March,  1789,  happened  to  be 
the  fourth  day  of  the  month,  and  as  one  presidential 
term  and  two  congresses  occupied,  by  the  constitution, 
exactly  four  years,  it  follows  that  the  inauguration  of  the 
president  is  to  take  place  on  the  fourth  day  of  March 
every  fourth  year,  beginning  with  1789. 

Washington  was  elected  president  by  unanimous 
vote.  John  Adams  was  declared  elected  vice-president, 
and  the  new  government  went  into  operation  quietly 
and  with  the  general  sanction  of  the  people  of  the 
country.  It  is  not  a  little  remarkable  that  the  first 
president  should  have  been  elected  unanimously,  and 
re-elected  unanimously.  No  president  since  his  day 
has  received  a  unanimous  vote  of  all  the  electors. 


ART 


III. 


.  CHAPTER  I. 

THE      GOVERNMENT      UNDER       THE       CONSTITUTION  :      ITS 
HISTORY    AND    PRACTICAL    OPERATION. 

THE  LEGISLATIVE  DEPARTMENT. —  We  have  seen 
that  the  government  is  practically  divided  into  three  de- 
partments. Of  these  the  legislative  department  is  in 
some  respects  of  primary  importance.  This  department 
is  organized  in  two  houses,  the  senate  and  house  of  rep- 
resentatives. 

The  representatives  are  elected  by  the  people  of  their 
several  districts  for  the  term  of  two  years. 

The  state  is  divided  into  as  many  districts  as  it  is  en- 
titled to  representatives  in  congress.  Each  of  these  is 
termed  a  congressional  district.  The  people  of  that  dis- 
trict elect  one  member  to  congress.  The  senators  are 
elected  by  the  state  legislatures,  and  hold  their  office  for 
six  years.  No  state  elects  its  two  senators  at  the  same 
time.  One  senator  is  elected  within  the  year  preceding 
the  beginning  of  his  term,  and  the  other  senator  from 
that  state  is  elected  either  two  or  four  years  later. 

We  have  seen  that  the  compensation  of  members  of 
congress  and  senators  is  the  same,  five  thousand  dollars 
a  year ;  with  mileage  at  the  rate  of  twenty  cents  a  mile, 
in  going  and  returning. 


GOVERNMENT  UNDER  THE  CONSTITUTION. 

THE  SENATE.  —  The  vice-president  of  the  United 
States  is  the  presiding  officer  of  the  senate,  under  the 
name  of  president  of  the  senate.  He  has  no  vote  unless 
the  senate  is  equally  divided  ;  in  that  case  he  has  a  cast- 
ing vote.  Many  consider  this  a  mistake,  since  it  operates 
only  in  one  way,  and  that  in  the  wrong  direction.  If  the 
senate  is  equally  divided  and  there  is  not  a  majority  in 
favor  of  the  bill,  it  ought  to  fail.  If  the  casting  vote  of 
the  vice-president,  who  is  not  a  member  of  the  senate,  is 
thrown  in  favor  of  the  bill,  then  he  makes  the  law.  If 
it  is  thrown  against  the  bill  it  has  no  influence  whatever, 
since  the  bill  would  have  failed  equally  if  he  had  not 
voted. 

The  president  of  the  senate  signs  all  bills  and  resolu- 
tions that  are  passed  by  the  senate.  His  salary  is  eight 
thousand  dollars. 

The  constitution  makes  no  provision  for  the  succession 
to  the  vice-presidency.  If  the  vice-president  dies,  or  if 
he  succeeds  to  the  presidency,  the  senate  chooses  a  pres- 
ident pro  tempore ;  but  strictly  this  does  not  constitute 
him  vice-president,  although  that  term  has  been  frequent- 
ly applied  in  such  cases,  and  may  by  force  of  precedent 
come  to  be  an  established  usage.  The  constitution, 
however,  is  silent  in  reference  to  this  matter,  and  no  law 
has  been  passed  by  congress  for  filling  the  vacancy  in 
the  office  of  vice-president. 

Several  vacancies  have  occurred  in  this  office  ;  the  first 
was  occasioned  by  the  death  of  George  Clinton  in  1812, 
during  the  first  term  of  Madison's  administration.  John 
C.  Calhoun  resigned  as  vice-president  in  December,  1832. 
This  was  during  the  troublous  days  of  nullification  in 
South  Carolina,  when  Mr.  Calhoun  preferred  to  be  on  the 


THE  LEGISLATIVE  DEPARTMENT. 


179 


floor  of  the  senate,  as  a  member,  rather  than  in  the  chair 
as  presiding  officer.  He  therefore  resigned,  and  was  im- 
mediately elected  senator.  A  vacancy  was  occasioned 
by  the  death  of  President  Harrison  in  1841,  when  John 
Tyler,  the  vice-president,  became  president.  Again,  on 
the  death  of  President  Taylor  in  1850,  Millard  Fillmore 
became  president,  and  the  office  of  vice-president  was 
vacant. 

William  R.  King  was  elected  vice-president  for  the 
four  years  beginning  March  4,  1853;  at  that  date  he  was 
in  ill  health  and  out  of  the  country.  It  is  understood, 
however,  that  he  took  the  oath  of  office,  March  4,  1853, 
before  a  United  States  consul.  He  died  the  i8th  of 
April  following. 

Andrew  Johnson,  by  the  death  of  President  Lincoln, 
became  president  in  1865,  and  the  vice-presidency  was 
vacant  then  for  nearly  four  years.  Henry  Wilson  died 
in  1875,  and  the  office  was  vacant  until  March  4,  1877. 
The  other  officers  of  the  senate,  with  their  salaries,  are 
as  follows  : — 

(i)  The  secretary  of  the  senate,  salary  four  thousand 
eight  hundred  and  ninety-six  dollars. 

-(2)  The  sergeant-at-arms,  salary  four  thousand  three 
hundred  and  twenty  dollars. 

(3)  Chaplain,  salary  nine  hundred  dollars. 

HOUSE  OF  REPRESENTATIVES.  —  The  presiding  officer 
is  called  the  speaker  of  the  house.  Like  the  president 
of  the  senate  pro  tempore,  the  speaker  is  a  member  of 
the  body  over  which  he  presides,  and  has  a  vote  on  all 
questions.  It  is  his  duty  to  sign  all  bills  and  resolutions 
passed  by  the  house. 

In  the  senate,  the  standing  committees  are   elected 


180        GOVERNMENT  UNDER  THE  CONSTITUTION. 

from  the  floor  by  ballot.     In  the  house  the  speaker  ap- 
points the  committees. 

The  speaker  has  the  right  to  vote  on  all  questions, 
but  he  is  required  to  vote  in  case  of  a  ballot.  His  salary 
is  the  same  as  the  president  of  the  senate  :  eight  thousand 
dollars.  The  other  officers  of  the  house,  with  their  sal- 
aries, are  as  follows  :  — 

(1)  The  clerk,  salary  four  thousand  five  hundred  dollars. 

(2)  Sergeant-at-arms,  salary  four  thousand  dollars. 

(3)  Door-keeper,    salary   two   thousand   five   hundred 
dollars. 

(4)  Chaplain,  salary  nine  hundred  dollars. 

The  senate  usually  has  twenty-eight  standing  commit- 
tees, besides  several  select  and  joint  committees.  The 
house  usually  has  forty-three  standing  committees.  A 
standing  committee  in  the  senate  usually  has  nine  mem- 
bers, and  in  the  house  eleven  members.  There  are  three 
joint  committees :  — 

(1)  On  public  printing. 

(2)  Enrolled  bills. 

(3)  On  library. 

These  consist  of  three  members  from  each  house. 
'•  All  bills  for  raising  revenue "  must  originate  in  the 
house.  Hence  the  senate  has  no  committee  on  ways 
and  means.  This  committee  in  the  house  is  regarded 
as  the  most  important  committee,  and  the  chairman  is 
next  in  honor  to  the  speaker  of  the  house.  The  most 
important  committees  are  those  on  :  — 

Ways  and  means.  Public  expenditures. 

Appropriations.  Naval  affairs. 

Judiciary.  Territories. 

Foreign  relations.  Military  affairs. 


THE  EXECUTIVE  DEPARTMENTS.  181 

Elections.  Mines  and  mining. 

Banking  and  currency.          Freedmen's  affairs. 

Commerce.  Education  and  labor. 

Post-office.  Revision  of  the  laws. 

Claims.  Patents. 

Pacific  railroads.  Public  buildings. 

Indian  affairs.  Pensions. 

Public  lands.  Agriculture. 

District  of  Columbia.  Manufactures. 

In  discussing  a  question  it  is  often  customary  for  the 
house  to  resolve  itself  into  a  committee  of  the  whole. 
This  gives  opportunity  for  free  discussion,  without  the 
restraint  which  the  strict  rules  of  the  house  imposes. 
When  the  house  resolves  itself  into  a  committee  of  the 
whole,  the  speaker  leaves  the  chair,  and  a  chairman  is 
appointed.  When  the  discussion  closes  the  committee 
rises,  the  speaker  resumes  the  chair,  and  the  chairman 
reports  its  proceedings  to  the  house. 

THE  EXECUTIVE  DEPARTMENTS.  —  It  is  a  wise  provis- 
ion of  the  constitution  which  places  the  full  executive 
power  in  the  hands  of  one  man.  The  constitution  makes 
no  provision  for  a  cabinet,  but  it  gives  the  president 
anthority  to  "  require  the  opinion  in  writing  of  the  prin- 
cipal officer  in  each  of  the  executive  departments,  upon 
any  subject  relating  to  the  duties  of  their  respective 
1  offices." 

This  presupposes  that  executive  departments  will  be 
established  in  order  that  the  various  and  multiform  duties 
which  pertain  to  the  several  divisions  of  the  executive 
work  of  the  national  government  shall  be  systematically 
and  efficiently  attended  to. 

The  various  executive  departments  have  been  estab- 


1 82      GOVERNMENT  UNDER  THE  CONSTITUTION. 

lished  by  law.     These  are  now  eight  in  number  :  — 

(1)  The  department  of  state. 

(2)  The  department  of  the  treasury. 

(3)  The  department  of  war. 

(4)  The  department  of  the  navy. 

(5)  The  department  of  the  post-office. 

(6)  The  department  of  the  interior. 

(7)  The  department  of  justice. 

(8)  The  department  of  agriculture. 

The  heads  of  these  eight  departments  constitute  the 
president's  cabinet.  Their  official  titles  are  as  follows  ;  — 

(1)  The  secretary  of  state. 

(2)  The  secretary  of  the  treasury. 

(3)  The  secretary  of  war. 

(4)  The  secretary  of  the  navy. 

(5)  The  postmaster-general. 

(6)  The  secretary  of  the  interior. 

(7)  The  attorney-general. 

(8)  The  secretary  of  agriculture. 

For  the  efficient  management  of  the  business,  several 
of  these  departments  are  subdivided  into  bureaus. 

All  the  heads  of  departments  are  appointed  by  the 
president,  by  and  with  the  advice  and  consent  of  the 
senate.  The  salaries  of  these  officers  are  eight  thousand 
dollars  a  year  each. 

THE  DEPARTMENT  OF  STATE.  —  This  was  originally 
styled  the  department  of  foreign  affairs.  The  name  was 
soon  changed  to  the  department  of  state.  The  secretary 
of  state  is  generally  considered  as  the  highest  officer  in 
rank  of  the  executive  departments  under  the  president. 
It  is  his  duty  to  keep  the  seal  of  the  United  States,  and 
to  affix  it  to  all  commissions  issued  by  the  president. 


\THE  DEPARTMENT  OF  STATE.  183 

He  issues  all  proclamations  in  the  name  of  the  presi- 
dent, and  furnishes  copies  of  papers  and  records  of  his 
office  when  required. 

He  keeps  the  correspondence  with  foreign  powers, 
and  it  is  his  special  province,  also,  to  preserve  the  origi- 
nal of  all  laws,  public  documents,  and  treaties  with 
foreign  powers.  It  is  also  his  duty  to  conduct  the 
correspondence  with  our  ministers  and  consuls  to  other 
countries,  with  foreign  ministers  accredited  to  our  gov- 
ernment, and  to  him  is  confided  the  general  charge  of 
our  foreign  relations.  He  issues  passports  to  our  citi- 
zens visiting  foreign  countries,  and  it  is  his  duty  to  issue 
warrants  for  the  extradition  of  criminals  to  be  delivered 
up  to  foreign  governments. 

The  department  of  state  has  a  diplomatic  bureau,  con- 
sular bureau,  and  a  domestic  bureau. 

PUBLIC  MINISTERS  AND  CONSULS. — All  persons  who 
are  sent  abroad  to  represent  our  government  are  con- 
nected with  the  department  of  state. 

The  different  ranks  of  our  ministers  are  as  follows  :  — 

(1)  Ambassadors. 

(2)  Envoys  extraordinary  and   ministers   plenipoten- 
tiary. 

(3)  Ministers  resident. 

(4)  Charges  d 'affaires. 

(5)  Secretaries  of  legation. 

The  ambassador,  and  the  envoy  extraordinary,  and 
ministers  plenipotentiary  have  the  same  pay,  and  appear 
to  be  of  equal  rank.  Strictly  speaking,  we  never  send 
ambassadors  to  foreign  governments. 

Envoys  extraordinary  and  ministers  plenipotentiary 
are  sent  to  thirteen  governments.  Four  are  of  the 


1 84       GOVERNMENT  UNDER  THE  CONSTITUTION-. 

first  rank,  namely :  Great  Britain,  the  German  Empire, 
France,  and  Russia.  Seven  are  of  the  second  rank, 
namely :  Mexico,  Brazil,  Spain,  Italy,  Austria,  China, 
and  Japan.  Two  are  of  the  third  rank,  namely :  Chili 
and  Peru.  The  salaries  of  these  ministers  range  from 
ten  thousand  dollars  to  seventeen  thousand  five  hundred 
dollars  a  year. 

Ministers  resident  are  sent  to  the  Argentine  Republic, 
Venezuela,  Hawaiian  Islands,  Belgium,  Netherlands, 
Sweden,  and  Norway.  These  officers  receive  seven 
thousand  five  hundred  dollars  a  year.  Our  government 
sends  one  minister  resident  to  the  countries  of  Gaute- 
mala,  Costa  Rica,  Honduras,  Salvador,  and  Nicaragua. 
This  officer  has  a  salary  of  ten  thousand  dollars.  Our 
minister  to  Hayti  receives  a  salary  of  seven  thousand 
five  hundred  dollars,  and  is  termed  a  minister  resident 
and  consul-general.  Our  minister  resident  to  Liberia 
has  four  thousand  dollars  a  year. 

Charges  d'affaires  receive  five  thousand  dollars  each, 
and  are  sent  to  various  countries  of  inferior  rank. 

The  secretary  of  legation  is  the  clerk  to  the  foreign 
embassy.  Consuls  are  not  diplomatic  agents  of  our  gov- 
ernment, but  commercial  agents  residing  abroad,  whose 
duty  it  is  to  watch  over  the  interests  of  our  commerce 
and  our  citizens,  in  the  ports  of  the  different  countries. 
It  is  their  duty  also  to  protect  the  rights  of  our  seamen. 
We  have  at  the  present  time,  in  foreign  ports,  fifteen  or 
twenty  consuls-general  and  commercial  agents.  Their 
salaries  range  from  one  thousand  dollars  to  six  thousand 
dollars  per  annum.  Many  consuls  are  principally  paid 
by  fees. 

THE   TREASURY    DEPARTMENT.  —  Of  late  years  the 


THE  TREASURY  DEPARTMENT.  185 

importance  of  this  department  has  greatly  increased. 
During  the  civil  war  the  government  issued  bank  bills, 
termed  greenbacks,  and  established  a  system  of  national 
banks,  which  have  increased  materially  the  number  of 
officers  and  employees  in  this  department.  Under  the 
secretary  of  the  treasury  are  the  following  officers  :  — 

(1)  The  comptroller. 

(2)  Auditor. 

(3)  Treasurer. 

(4)  Register. 

(5)  Assistant  secretary. 

This  department  has  charge  of  the  management  of  the 
revenue,  superintends  its  collection,  and  grants  warrants 
for  money  to  be  issued  from  the  treasury,  in  pursuance 
of  appropriations  made  by  law,  and  generally  performs 
all  needful  services  relative  to  the  finances  of  our  coun- 
try. There  are  various  bureaus  in  the  treasury  depart- 
ment, as  :  — 

(1)  The  bureau  of  the  first  comptroller. 

(2)  The  bureau  of  the  second  comptroller. 

(3)  The  bureau  of  the  first  auditor. 

(4)  The  bureau  of  the  second  auditor. 

(5)  The  bureau  of  the  third  auditor. 

(6)  The  bureau  of  the  fourth  auditor. 

(7)  The  bureau  of  the  fifth  auditor. 

(8)  The  bureau  of  the  sixth  auditor. 

(9)  Treasurer. 

(10)  Register. 

(11)  Commissioner  of  customs. 

(12)  Comptroller  of  currency. 

(13)  Commissioner  of  internal  revenue. 

(14)  Bureau  of  statistics. 


1 86        GOVERNMENT  UNDER  THE  CONSTITUTION. 

(15)  The  mint. 

(16)  Bureau  of  engraving  and  printing. 

The  office  of  the  coast  survey  is  connected  with  the 
treasury  department.  This  office  prepares  charts  from 
actual  surveys  of  the  seacoast  of  the  United  States. 

The  surveys  of  the  Great  Lakes  are  under  the  control 
of  the  war  department. 

The  light-houses  of  the  United  States  were  formerly 
under  the  control  of  the  treasury  department,  but  since 
1852  this  branch  has  been  committed  "  to  the  light-house 
board  of  the  United  States." 

This  board  consists  of  three  officers  of  the  army,  three 
of  the  navy,  and  two  civilians,  noted  for  their  scientific 
attainments,  with  the  secretary  of  the  treasury  president 
of  the  board  ex  officio.  This  board  has  in  charge  more 
than  one  thousand  light-houses,  besides  light  vessels, 
beacons,  and  buoys  innumerable. 

Under  this  department  also  is  the  supervising  archi- 
tect, who  has  general  charge  of  the  plans  and  the  con- 
struction of  all  United  States  buildings  ;  such  as  custom- 
houses, court-houses,  post-offices,  etc. 

THE  WAR  DEPARTMENT.  —  This  department  has 
various  subdivisions,  as  follows :  — 

(1)  The  office  of  the  adjutant-general. 

(2)  The  office  of  the  quartermaster-general. 

(3)  The  office  of  the  commissary-general. 

(4)  The  office  of  the  postmaster-general. 

(5)  The  office  of  the  chief  of  engineers. 

(6)  The  ordinance  office. 

(7)  The  signal  office. 

(8)  The  bureau  of  military  justice. 

These  several  divisions  will  be  understood  from  their 


THE  WAR  DEPARTMENT.  187 

titles.  The  bureau  of  military  justice  is  in  charge  of  an 
officer  with  the  rank  of  a  brigadier-general,  called  a 
judge-advocate-general. 

The  war  department  has  the  supervision  of  the 
United  States  military  academy  at  West  Point.  This 
school  for  the  education  of  officers  for  the  army  was 
established  by  the  government  in  1802.  In  1886  the 
number  of  cadets  authorized  by  congress  was  three  hun- 
dred and  forty-four.  These  are  appointed  as  follows  :  — 

One  from  each  congressional  district,  one  from  each 
of  the  organized  territories,  one  from  the  District  of 
Columbia,  and  ten  from  the  United  States  at  large. 
These  all  are  appointed  by  the  president,  but  each  mem- 
ber ot  the  national  house  of  representatives  nominates 
the  candidate  for  his  district ;  the  appointment  is,  how- 
ever, made  by  the  president.  The  president  has  in  his 
hands  entirely  the  appointment  of  the  ten  candidates  at 
large.  The  appointees  must  be  not  less  than  seventeen, 
nor  more  than  twenty-two,  years  of  age,  and  they  are 
expected  to  serve  in  the  army  eight  years,  unless  sooner 
discharged. 

The  examination  for  admission  to  West  Point  is  care- 
ful and  accurate  upon  the  elements  of  a  good  education. 
Thoroughness  and  accuracy  are  insisted  upon  in  arith- 
metic, geography,  English  grammar,  reading,  writing, 
spelling,  and  the  history  of  the  United  States. 

Of  late  years  many  congressmen,  when  an  appointment 
is  to  be  made  from  their  district,  hold  a  competitive  ex- 
amination, and  nominate  for  the  position  the  one  who  in 
respect  to  his  mental  qualifications  and  scholarship,  to- 
gether with  his  physical  health,  strength,  and  develop- 
ment, shall  have  passed  the  best  examination. 


1 88        GOVERNMENT  UNDER  THE  CONSTITUTION. 

The  course  of  study  at  West  Point  is  designed  to  give 
the  best  preparation  for  the  duties  of  an  officer  in  the 
army.  Mathematics  and  careful  training  in  the  natural 
sciences  are  particularly  insisted  upon.  The  course  of 
study  is  rigid  and  exact.  The  cadets  are  drilled,  during 
their  four  years'  course,  in  the  three  arms  of  the  ser- 
vice. 

The  superintendent  and  principal  members  of  the  fac- 
ulty are  regular  officers  in  the  army.  Each  cadet  receives 
an  allowance,  during  his  term  of  study,  sufficient  to  pay 
his  entire  expenses  :  clothing,  board,  etc.  The  entire 
expense  of  the  academy  is  met  by  the  United  States 
government.  For  this  purpose  an  appropriation  is  made 
by  congress  annually  of  more  than  three  hundred  thou- 
sand dollars. 

THE  DEPARTMENT  OF  THE  NAVY.  —  By  an  act  of 
congress,  passed  in  1 862,  eight  bureaus  were  established 
in  the  navy  department,  as  follows  :  — 

(1)  The  bureau  of  yards  and  docks. 

(2)  The  bureau  of  equipment  and  recruiting. 

(3)  The  bureau  of  navigation. 

(4)  The  bureau  of  ordnance. 

(5)  The  bureau  of  medicine  and  surgery. 

(6)  The  bureau  of  provisions  and  clothing. 

(7)  The  bureau  of  steam  engineering. 

(8)  The  bureau  of  construction  and  repairs. 

The  government  maintains  a  naval  academy,  which  is 
established  at  Annapolis,  similar  to  the  military  academy 
at  West  Point. 

The  students  in  this  academy  as  cadet-midshipmen 
must  be  not  less  than  fourteen,  nor  over  eighteen,  years 
of  age.  One  is  authorized  from  each  congressional  dis- 


THE  LAND -OFFICE.  189 

trict  and  from  each  territory,  with  ten  at  large  as  in  the 
case  of  the  military  academy. 

The  course  embraces  six  years,  and  the  student  on 
graduating  becomes  midshipman,  subject  to  promotion 
as  vacancies  occur.  The  entire  cost  of  the  naval  acad- 
emy is  met  by  the  government,  and  requires  an  annual 
appropriation  of  two  hundred  thousand  dollars  or  more. 

THE  DEPARTMENT  OF  THE  INTERIOR.  —  This  depart- 
ment was  not  established  until  1849.  Under  it  are  the 
patent-office,  pension-office,  the  land-office,  the  bureau  of 
Indian  affairs,  the  science  bureau,  and  the  bureau  of 
education. 

THE  LAND-OFFICE.  —  The  chief  officer  of  this  bureau 
is  styled  the  commissioner  of  the  general  land-office. 
Under  the  commissioner  are  the  following  officers :  — 

(1)  Surveyors-general. 

(2)  Registers  of  land-offices. 

(3)  Receivers  of  land-offices. 

Many  years  ago  the  United  States  adopted  a  system 
of  survey  for  public  land.  This  system  provides  that. the 
immense  tracts  of  western  lands  belonging  to  the  United 
States  government  should  be  divided  into  ranges,  town- 
ships, sections,  and  fractions  of  sections.  The  ranges  are 
bounded  by  meridian  lines  six  miles  apart,  and  are  num- 
bered from  a  standard  or  principal  meridian  east  and 
west.  These  ranges  are  divided  into  townships  of  six 
miles  square,  and  numbered  from  a  given  parallel  north 
and  south. 

The  townships  are  divided  into  thirty-six  sections, 
of  one  mile  square,  each  of  six  hundred  and  forty 
acres.  These  sections  are  divided,  as  may  be  needed, 
into  halves,  quarters,  and  in  some  cases  to  sixteenths, 


1 9o 


GOVERNMENT  UNDER  THE  CONSTITUTION. 


The  sections  in  a  township  are  numbered  as  indicated 
'in  the  following  diagram  :  — 


6 

5 

4 

3 

2 

1 

7 

8 

9 

10 

11 

12 

18 

17 

16 

15 

14 

13 

19 

20 

21 

22 

23 

24 

30 

29 

28 

27 

26 

25 

31 

32 

33 

34 

35 

36 

This  system  of  marking  the  division  of  lands  makes 
the  description  of  any  individual  trac';  very  simple. 

If  one  should  purchase  a  section,  the  deed  would 
specify  the  number  of  the  section,  —  in  such  a  township 
and  such  a  range  ;  or  if  a  quarter-section  were  purchased, 
the  description  might  be  as  follows  :  — 

The  northeast  quarter  of  section  twenty-four,  township 
seventeen  north,  range  nine  east  of  third  principal  meri- 
dian. The  government  sells  this  land  and  issues  a  patent, 
which  is  signed  by  a  secretary  appointed  by  the  president, 
and  also  signed  by  a  proper  recorder  of  the  land-office. 

The  quarter-section  is  one  hundred  and  sixty  acres. 
These  quarter-sections  are  divided  into  lots  of  forty  acres 
each.  If  one  lot  was  sold,  it  would  be  indicated  as  fol- 
lows :  — 


THE  POST-OFFICE  DEPARTMENT. 


IQI 


The  northwest  quarter  of  northeast  quarter  of  section 
seventeen. 


SECTION  17. 

In  the  above  diagram  the  description  just  given  applies 
to  lot  B. 

THE  POST-OFFICE  DEPARTMENT.  —  Probably  this  is 
the  oldest  department  under  our  government.  Prior  to 
the  revolution  the  British  government  had  established  a 
system  of  mails  through  these  colonies,  and  Dr.  Benja- 
min Franklin  was  the  superintendent  of  this  system. 
In  July,  1775,  only  a  month  later  than  the  battle  of  Bun- 
ker Hill,  Dr.  Franklin  received  from  the  second  conti- 
nental congress  the  appointment  of  postmaster-general 
of  the  united  colonies. 

In  September,  1789,  the  first  congress  under  the  con- 
stitution made  provision  for  the  establishment  of  the 
post-office  system,  and  appointed  a  postmaster-general. 
As  a  matter  of  fact  the  federal  government  never  passed 
an  act  establishing  the  post-office  department.  It  was 
assumed  to  be  in  existence,  and  various  acts  were  passed 
for  regulating  its  management.  There  are  three  assist- 
ant postmasters-general.  The  first  assistant  is  in  charge 


1 92        GOVERNMENT  UNDER  THE  CONSTITUTION. 

of  the  appointment  office,  the  second  of  the  contract 
office,  the  third  of  the  finance  office.  There  is  also  a 
superintendent  of  foreign  mails. 

The  chief  officer  of  the  money-order  bureau  is  styled 
the  superintendent  of  the  money-order  system. 

Great  improvements  have  been  made,  especially  within 
twenty-five  years  past,  in  the  management  of  postal 
affairs.  Originally  the  mails  were  carried  by  mail-agents 
on  horseback,  with  relays  of  horses  at  convenient  places. 
Later  they  were  generally  carried  on  stage-coaches,  and 
v/here  there  was  no  stage  route  by  mail-wagons. 

At  the  present  time  the  mails  are  principally  carried 
by  the  railroads.  Mail  routes  are  designated  in  contracts 
made  with  the  various  railways  by  the  post-office  depart- 
ment, and  a  mail-car  is  attached  to  the  train.  A  mail- 
agent  appointed  by  the  government,  in  charge  of  this  car, 
receives,  assorts,  and  delivers  the  mail-matter.  For  this 
purpose  leather  or  canvas  pouches  are  furnished  by  the 
government  for  mail-bags.  The  mail-agent  has  one  or 
more  of  these  pouches  for  every  post-office  on  his  line. 
While  the  train  is  in  motion  he  assorts  the  mail-matter 
already  received,  places  it  in  the  proper  pouch,  and  is 
ready  to  deliver  it  on  arriving  at  the  proper  station. 
This  pouch  is  taken  by  a  mail-agent  at  the  station, 
who  carries  it  to  the  post-office  and  delivers  it  to  the 
postmaster.  Special  postal  locks  are  furnished  by  the 
government  for  the  safe  transportation  and  delivery  of 
the  mails.  Stringent  laws  are  in  operation  against  rob- 
bing the  mails. 

It  will  readily  appear  that  great  care,  promptness,  and 
accuracy  is  needed  in  assorting  this  mail-matter,  and 
preparing  it  for  delivery.  Especially  is  this  true  of  the 


THE  POST-OFFICE  DEPARTMENT.  193 

principal  lines  of  railroad  leading  to  large  cities  ;  for  ex- 
ample, between  New  Haven  and  New  York,  or  between 
Philadelphia  and  New  York;  and  a  large  number  of  mail- 
agents  are  required  in  the  mail-cars,  whose  business  it  is 
to  assort  the  mail-matter  and  deposit  it  in  proper  pouches, 
carefully  marked,  that  on  arrival  at  New  York  the  mat- 
ter can  at  once  be  placed  in  the  proper  boxes  in  the  post- 
office,  and  delivered  with  the  least  possible  loss  of  time. 

Formerly  in  all  large  cities  there  were  distributing 
post-offices.  Into  this  department  the  mail-pouches  had 
to  be  brought  from  all  directions,  which  contained  mat- 
ter to  be  forwarded  to  distant  points.  All  this  matter 
had  to  be  overhauled,  arranged,  and  put  into  the  proper 
pouches  for  further  transportation ;  for  example,  at  New 
York,  mail-matter  from  New  England,  designed  for  the 
south  and  west,  would  be  all  poured  out  upon  large  ta- 
bles, assorted,  divided,  and  thrown  into  proper  pockets, 
for  carrying  to  Philadelphia,  Harrisburg,  Baltimore, 
Washington,  etc.  ;  while  at  the  same  time  and  at  the 
same  distributing  office  would  be  received  the  mails  from 
the  south  and  west,  to  be  overhauled  in  like  manner  and 
forwarded  to  the  east. 

Much  time  was  consumed  by  this  frequent  change  and 
examination  of  mail-matter.  Time  has  now  become  so 
important  a  factor  in  the  transaction  of  business,  that 
every  facility  must  be  employed  for  the  rapidity  of  trans- 
mission. Hence,  most  of  the  distributing  offices  have 
been  abolished,  and  mail-pouches  are  now  made  up  in 
Boston,  New  York,  Philadelphia,  and  all  large  cities, 
to  be  forwarded  through  to  the  most  distant  points,  like 
San  Francisco,  Portland,  Oregon,  Montreal,  and  Quebec. 

CHEAP  POSTAGE.  —  Formerly,  but  within  the  recollec- 


194        GOVERNMENT  UNDER  THE  CONSTITUTION-. 

tion  of  persons  now  living,  it  cost  five  cents  to  transmit 
an  ordinary  letter  to  any  post-office  within  thirty  miles, 
ten  cents  for  a  longer  distance,  and  from  that  up  to 
twenty-five  cents  across  the  continent. 

All  postage  was  then  paid  by  the  receiver  at  the  end 
of  the  route.  Fifty  years  ago  there  was  no  pre-payment 
of  postage,  and  between  forty  and  fifty  years  ago  a  law 
was  passed  by  congress  establishing  the  postage  of  a 
single  letter  at  three  cents  for  any  distance  within  our 
country,  provided  the  sender  should  pay  the  postage ; 
if  not  prepaid,  the  postage  should  be  five  cents. 

In  this  way  people  became  accustomed  to  pre-pay- 
ing  postage,  so  that  after  a  few  years  another  act  was 
passed  by  congress,  requiring  pre-payment  of  postage  on 
all  letters,  establishing  the  rate  at  three  cents  for  an  or- 
dinary letter  without  regard  to  distance.  At  the  present 
time  the  postage  on  letters  not  exceeding  one  ounce  in 
weight  is  two  cents  to  any  part  of  our  country,  and  in- 
cluding the  British  Provinces  of  North  America. 

Some  years  ago  a  postal  league  was  entered  into  by 
the  principal  civilized  nations  of  the  earth,  establishing 
the  uniform  rate  of  five  cents  as  the  postage  for  all  let- 
ters, of  proper  weight,  from  any  one  of  the  countries 
within  the  postal  league  to  any  other. 

The  experiment  of  cheap  postage,  which  was  first  in- 
troduced  into  Great  Britain  a  generation  or  more  ago, 
has  proved  entirely  successful.  In  that  country  the 
contest  for  this  improvement  was  severe  and  protracted. 
Rowland  Hill  and  others  devoted  themselves  with  great 
energy  to  the  philanthropic  enterprise  of  bringing 
about  this  much-needed  reform. 

When  the  reduction  of  rates  had  proved  successful  in 


THE  DEPARTMENT  OF  JUSTICE.  195 

the  mother  country,  it  was  quickly  introduced  by  our 
government,  and  from  time  to  time,  as  the  rate  of  post- 
age has  been  diminished,  it  has  been  found  that  the 
receipts  of  the  post-office  department  have  increased. 
At  the  present  time  the  post-office  department  more 
than  pays  for  itself,  excepting  in  the  more  sparsely 
populated  districts  of  some  sections  of  our  country. 

THE  DEPARTMENT  OF  JUSTICE.  —  The  office  of  attor- 
ney-general was  created  by  the  first  congress  in  1789,  but 
the  department  of  justice  was  not  established  until  1870. 
This  officer,  however,  has  always  been  recognized  as 
a  member  of  the  cabinet.  Under  the  attorney-general 
are  :  — 

The  solicitor-general,  four  assistant  attorney-generals, 
a  solicitor  of  internal  revenue,  a  naval  solicitor,  an  exam- 
iner of  claims,  a  solicitor  of  the  treasury,  and  an  assistant 
solicitor. 

All  of  these  officers  are  appointed  by  the  president 
and  senate.  Besides  these  officers,  in  this  department 
are  employed  many  persons  as  clerks,  copyists,  etc. 

DEPARTMENT  OF  AGRICULTURE.  —  In  February,  1889, 
the  bureau  of  agriculture,  heretofore  in  the  department 
of  the  interior,  was  by  an  act  of  congress  made  a  sepa- 
rate department,  the  chief  officer  of  which  is  the  secre- 
tary of  agriculture,  who  is  a  member  of  the  cabinet. 
The  growing  interest  in  agriculture  was  a  sufficient 
warrant  for  this  action. 

MONEY  AND  BANKING.  — We  have  already  considered 
the  coins  of  our  country  and  the  mints.  Our  money 
system  is  bi-metallic,  both  gold  and  silver  coins  being 
legal  tender.  The  gold  and  silver  coins  are  the  ordinary 


196 


GOVERNMENT  UNDER  THE  CONSTITUTION. 


and  legitimate  legal  tender  in  payment  of  debts.  This 
is  customary  among  the  nations  generally. 

The  rapid  growth  of  our  country,  with  the  correspond- 
ing increase  of  business  and  population,  has  made  it 
impossible  for  us  to  secure  a  sufficient  amount  of  coin 
to  carry  on  the  necessary  business  of  the  country. 

Banks  were  early  established  under  charters  from  the 
various  states.  This  is  not  prohibited  by  the  constitu- 
tion. Prior  to  the  civil  war,  the  bank-notes  issued  by  the 
various  state  banks  in  all  parts  of  the  country  amounted 
to  a  very  large  sum,  and  were  an  important  aid  in  carry- 
ing forward  the  immense  business  of  the  country. 

The  exigencies  of  the  times  during  the  civil  war,  espe- 
cially the  need  for  very  large  sums  of  money  by  the  gov- 
ernment to  carry  on  the  war,  gave  occasion  for  new  legis- 
lation by  the  national  government  upon  this  subject. 

In  1864  a  bill  was  passed  by  congress,  providing  for  a 
bureau  of  currency  in  the  treasury  department  under  the 
direction  of  an  officer  called  the  comptroller.  This  bill 
provides  that  national  banks  may  be  formed  by  voluntary 
associations,  with  power  to  issue  bills,  receive  deposits, 
loan  money,  and  perform  the  ordinary  functions  of  banks. 

A  year  or  two  later  congress  passed  another  act, 
levying  a  tax  of  ten  per  cent  upon  all  notes  issued  by 
state  banks  used  for  circulation  after  Aug.  i,  1866. 
Practically,  this,  of  course,  excluded  the  bills  of  the 
state  banks  from  circulation,  so  that  nearly  all  of  those 
banks  throughout  the  country  either  closed  their  busi- 
ness or  transferred  it  to  national  banks,  which  were 
formed  to  take  the  place  of  the  old  state  banks. 

THE  NATIONAL  BANK  SYSTEM.  —  By  the  national 
banking  law  a  company  of  five  or  more  citizens  can 


THE  NATIONAL  BANK  SYSTEM. 


I97 


organize  a  national  bank.  The  capital  stock  of  this 
bank  is  first  paid  in  by  the  stockholders.  Let  us  sup- 
pose that  in  a  given  case  this  capital  stock  is  to  be 
two  hundred  thousand  dollars.  The  stockholders  have 
subscribed  for  this  stock,  and  paid  in  the  full  value 
thereof.  Of  this  two  hundred  thousand  dollars  the 
directors  vote  to  invest,  it  may  be,  one  hundred  thou- 
sand dollars  in  United  States  bonds.  On  depositing 
these  bonds  with  the  government,  the  comptroller  of 
the  currency  will  issue  to  the  officers  of  the  bank  blank 
bills,  printed  by  the  national  government  for  this  par- 
ticular bank,  to  the  amount  of  ninety  thousand  dollars ; 
that  is,  nine-tenths  of  the  amount  of  the  bonds.  The 
bank  proceeds  to  put  these  bills  into  circulation.  What 
now  is  the  status  of  the  bank  ?  Its  capital  stock  is  two 
hundred  thousand  dollars.  Of  this  it  has  invested  one 
hundred  thousand  dollars  in  United  States  bonds,  which 
are  deposited  with  the  government.  These  bonds  are 
interest-bearing  bonds,  so  that  the  bank  receives  a  fair 
rate  of  interest  for  the  money  thus  invested.  It  has 
another  one  hundred  thousand  dollars  capital  remaining 
in  the  bank  to  be  loaned,  generally  for  mercantile  paper, 
to  meet  the  business  wants  of  the  community.  For  this 
it  receives  a  fair  rate  of  interest.  The  bank  is  also  a 
bank  of  deposit,  and  the  business  men  of  the  commu- 
nity doing  their  business  at  this  bank,  will  keep  on 
deposit,  perhaps,  two  hundred  thousand  dollars  on  an 
average.  A  large  portion  of  this  extra  two  hundred 
thousand  dollars  the  bank  can  also  loan  and  receive 
interest  therefor. 

The  result  is,  that  the  stockholders,  by  paying  in  a 
capital  of   two   hundred   thousand  dollars,  are  able  to 


198        GOVERNMENT  UNDER  THE  CONSTITUTION. 

loan  nearly  four  hundred  thousand  dollars,  or  double 
the  amount  of  the  capital  stock.  This  extra  amount  of 
money  to  be  loaned  pays  all  the  expenses  of  carrying  on 
the  business,  salaries  of  officers,  rents,  etc.,  and  usually 
yields  a  handsome  return  to  the  stockholders. 

This  deposit  by  the  bank  of  United  States  bonds 
with  the  government  serves  a  double  purpose.  In  the 
first  place,  it  places  in  the  hands  of  the  government  the 
means  by  which  the  government  can  safely  guarantee 
the  redemption  of  the  bills  issued  by  the  bank.  In  the 
second  place,  the  government  has  sold  to  the  bank  its 
bonds  to  the  amount  of  one"  hundred  thousand  dollars, 
receiving  therefor  money  which  in  the  first  place  was 
used  to  carry  on  the  war.  These  outstanding  bonds, 
with  others,  now  constitute  the  United  States  debt. 

This  method  of  establishing  national  banks  has 
proved  particularly  successful.  In  the  first  place,  all 
the  bills  of  all  the  banks  throughout  the  whole  country, 
are  printed  at  the  government  printing-office  in  Wash- 
ington. The  paper  on  which  they  are  printed  is  so 
skilfully  made,  and  the  engraving  of  the  plates  from 
which  they  are  printed  is  done  with  such  nicety,  that 
counterfeiting  is  extremely  difficult. 

In  the  next  place,  the  redemption  of  all  these  bills 
payable  in  coin  is  guaranteed  by  the  national  govern- 
ment ;  so  that  the  bills  issued  by  any  particular  bank 
are  not  confined  in  their  circulation  to  the  sections  of 
the  country  where  the  bank  is  known,  but  can  circulate 
throughout  the  country  with  equal  safety.  Thus  we  have 
a  national  currency  with  entire  safety  to  all  bill  holders. 
It  is  safe  to  say  that  no  banking  system  has  ever  yet 
been  devised  which  has  proved  more  successful  than  this. 


TREASURY  NOTES. 


199 


TREASURY  NOTES.  —  During  the  war  the  government 
issued  a  paper  currency  usually  denominated  treasury 
notes,  or  as  they  were  called  in  common  language, 
"greenbacks,"  from  the  circumstance  that  the  engraved 
back  of  the  note  was  printed  in  green  ink.  The  gov- 
ernment made  these  greenbacks  legal  tender  in  pay- 
ment of  debts,  and  paid  them  out  from  time  to  time  foi 
army  supplies,  soldiers'  pay,  and  other  current  expenses. 

Large  amounts  of  these  greenbacks  continued  to 
circulate  throughout  the  country  with  a  somewhat  un- 
certain and  fluctuating  value  until  1879,  when  the  gov- 
ernment began  to  redeem  them  in  gold  at  par.  Since 
then  their  circulation  has  been  continued  on  a  par  value 
with  gold  and  the  notes  of  national  banks.  The  gov- 
ernment, however,  has  redeemed  them  to  such  an  extent 
that  the  amount  in  circulation  has  now  materially  dimin- 
ished. It  will  thus  be  seen  that  the  treasury  depart- 
ment of  the  government  acts  in  some  sense  as  a  bank 
of  issue.  It  does  not  loan  the  money  as  other  banks 
do,  but  pays  out  its  bills  for  current  expenses. 

The  constitution  provides  that  the  national  govern- 
ment shall  absolutely  control  the  coinage  of  money.  It 
prohibits  the  states  severally  from  making  anything  but 
gold  and  silver  coin  a  legal  tender  in  payment  of  debts, 
and  now,  by  bringing  into  operation  this  system  of 
national  banks  which  has  proved  so  eminently  success- 
ful, our  federal  government,  as  it  would  appear,  has 
established  the  principle  that  all  forms  of  money  and 
currency  should  be  under  its  control. 

THE  BANKING  SYSTEM.  —  The  present  banking  sys- 
tem which  is  in  operation  throughout  the  entire  civil- 
ized world  is  of  ancient  origin,  but  within  a  few  centuries 


200        GOVERNMENT  UNDER  THE  CONSTITUTION*. 

past  has  made  rapid  advancement,  and  been  subject  to 
important  changes  and  improvements. 

There  are  intimations  in  history  of  some  kind  of 
banking  operations  several  thousand  years  ago.  It 
would  appear  from  the  letters  of  Cicero  that,  during 
his  travels  in  Greece  and  through  various  countries,  he 
carried  with  him  what  might  be  termed  bills  of  credit 
or  circular  notes,  by  which  he  could  obtain  money  in 
the  different  cities  through  which  he  passed. 

Our  modern  banking  system  is  of  the  greatest  necessity 
to  the  transaction  of  the  varied  and  extensive  lines  of  busi- 
ness carried  on  by  the  complicated  methods  now  in  vogue. 

A  merchant  sells  his  goods  and  receives  the  money 
in  payment  for  them.  Each  day  he  counts  up  his  cash 
and  deposits  it  in  the  bank  where  he  has  chosen  to 
transact  his  business.  The  following  is  a  sample  of  the 
deposit  slip  which  he  fills  out  and  sends  to  the  bank 
with  his  money  :  — 


THE  BOSTON  NATIONAL  BANK. 


DEPOSITED  BY 


BOSTON, 


Please  state  name  of  Bank  upon  which  Checks 
are  drawn,  and  place  band  around  bills. 


Bills 

Gold 

Check  on 

Bk. 


THE  BANKING  SYSTEM.  20 1 

It  will  be  seen  from  this  ticket  that  the  merchant  not 
only  deposits  silver  and  gold  coin,  and  bank-bills,  but 
checks  on  other  banks.  These  checks  he  has  received 
from  his  customers  in  payment  for  goods  sold  to  them. 
On  making  this  deposit  the  merchant  credits  cash,  and 
debits  the  bank.  The  bank  debits  cash,  and  credits  the 
merchant.  There  may  be  fifty,  or  one  hundred,  or  five 
hundred  business  men  who  deposit  their  money  in  this 
one  bank.  The  advantages  of  the  plan  are  numerous^ 
In  the  first  place,  all  these  amounts  of  money  are  depos- 
ited in  a  place  of  safety.  The  vaults  of  the  bank  are 
more  secure  against  thieves  and  against  fire  than  the 
pockets  of  the  merchant,  or  the  money  drawers  of  his 
store,  or  a  private  safe. 

Another  advantage  to  the  depositor  is  that,  without 
the  handling  of  any  money  or  the  trouble  of  making 
change,  he  can  pay  any  bill  of  current  expense,  or  any 
debt,  of  any  amount,  by  a  check  upon  the  bank,  pro- 
vided he  has  a  sufficient  amount  deposited  in  the  bank. 

The  following  is  a  sample  check  by  which  the  mer- 
chant, John  Smith,  pays  his  landlord,  Thomas  Jones,  one 
month's  rent  for  his  store  :  — 


Boston, 


glue  guston  national 


a 
a 

8  1 
'  No. 


Pay  to  the  Order  of      G/^-a^n-ud,    (z&i^ed. 


& 


Dollars. 


I  UNIVERSITY 


202        GOVERNMENT  UNDER  THE  CONSTITUTION. 

The  advantage  to  the  bank  of  these  deposits  is,  that  from 
all  these  merchants  it  receives  and  keeps  on  hand,  sub- 
ject to  payment  by  bank-checks,  a  large  amount  of  money, 
the  greater  part  of  which  it  can  loan  and  receive  interest 
upon  it. 

Now,  let  us  look  into  this  bank  and  observe  what  is 
done  with  the  checks  that  it  receives  from  its  deposi- 
tors. When  the  books  are  made  up  at  the  close  of  the 
banking  hours  to-day,  the  bank  has  received  from  its 
depositors,  it  may  be,  several  hundred  checks  for  vari- 
ous amounts,  larger  and  smaller.  In  every  large  city 
there  is  what  is  called  a  "  clearing  house."  Every 
bank  in  the  city  keeps  a  certain  amount  of  money  on 
deposit  in  the  clearing  house,  with  which  to  redeem  its 
own  checks.  Every  bank  then  sends  daily  to  the  clear- 
ing house  all  checks  which  it  has  received,  crediting 
cash  and  debiting  the  clearing  house  therefor.  The 
clearing  house  credits  the  bank  from  which  it  has 
received  this  bundle  of  checks,  and  debits  cash.  The 
clearing  house  sends  daily  to  these  several  banks  all 
their  checks  which  it  has  received,  crediting  cash  and 
debiting  the  banks. 

Some  of  these  checks  thus  deposited  in  the  bank  may 
be  drawn  upon  banks  in  other  places.  In  that  case  the 
clearing  house  returns  them  either  by  mail  or  special 
messenger. 

It  is  customary  for  each  bank  in  Boston,  or  Chicago, 
or  St.  Louis,  etc.,  to  have  arrangements  with  some  one 
bank  in  New  York  with  which  it  shall  transact  its  New 
York  business 

If,  now,  John  Smith  wishes  to  pay  a  bill  in  New 
York,  he  may  draw  his  check  for  the  proper  amount, 


INTERNATIONAL  BANKING. 


203 


payable  to  his  New  York  creditor,  and  send  that 
check  by  mail.  The  check  will  find  its  way  back  to 
his  bank,  and  when  it  is  presented  the  bank  will  debit 
it  to  his  account.  Or,  to  pay  his  bill  in  New  York,  he 
may  draw  his  check  for  the  proper  amount,  payable  to 
his  bank,  and  send  that  check  to  the  bank  with  the  request 
that  it  shall  give  him  a  draft  on  New  York.  The  bank 
will  return  to  him  a  cashier's  check  on  its  bank  in  New 
York  City,  which  he  will  send  to  New  York  to  pay  his 
bill.  Thus  the  bank  operates  in  the  first  place  in  its 
own  city,  and  also  with  equal  facility  and  advantage  in 
other  cities  of  our  country. 

INTERNATIONAL  BANKING.  —  Private  banking  houses 
are  established,  with  branch  houses  in  different  parts  of 
the  world,  through  which  bills  due  in  one  country,  from 
merchants  in  another  country,  can  be  paid  without  the 
risk  of  the  transportation  of  the  money. 

When  a  merchant's  individual  check  or  a  cashier's 
check  is  sent  from  Boston,  Chicago,  St.  Louis,  or  San 
Francisco,  to  pay  a  bill  in  New  York,  the  risk  of  sending 
money  is  avoided.  In  like  manner,  an  importer  in  New 
York,  wishing  to  pay  a  bill  for  goods  in  Liverpool,  Paris, 
Constantinople,  or  Yokohama,  can  make  payment  by 
buying  a  draft  from  one  of  these  international  banking 
houses,  and  sending  it  by  mail  to  his  foreign  creditor. 
The  creditor  receives  the  draft,  debits  cash,  and  credits 
his  American  friend.  This  draft  he  endorses,  and  de- 
posits it  in  his  own  bank,  and  that  bank  sends  it  to  the 
banking  house,  where  it  is  paid.  On  the  other  hand,  the 
merchant  in  that  country,  buying  goods  from  America, 
makes  payment  in  like  manner  through  the  same  bank* 
ing  house. 


204        GOVERNMENT  UNDER  THE  CONSTITUTION. 

The  amount  of  imports  from  any  one  of  these  foreign 
countries  will  not  exactly  balance  the  amount  of  exports 
to  that  country.  This  difference  gives  rise  to  the  term 
"  balance  of  trade."  This  balance  of  trade  must  be  set- 
tled from  time  to  time,  but  even  then  it  is  often  possible 
to  make  settlement  without  the  transmission  of  any 
money.  For  example,  New  York  may  import  from  Paris 
more  than  it  exports  ;  then  New  York  will  owe  Paris  the 
difference.  Paris  may  import  more  from  Liverpool  than 
it  exports  ;  then  Paris  owes  Liverpool  the  difference. 
New  York  may  export  to  Liverpool  more  than  it  imports 
from  there  ;  then  Liverpool  will  owe  New  York.  In  this 
case,  if  New  York  should  draw  on  Liverpool  and  send 
its  draft  to  Paris,  the  account  for  the  three  places  would 
be  settled. 

In  former  times,  before  the  ocean  steamers,  when 
there  were  frequently  great  delays  in  the  voyages  of 
sailing  vessels,  duplicate  and  triplicate  bills  of  exchange 
were  issued  between  the  commercial  centres  of  different 
nations.  If  a  merchant  in  New  York  wished  to  send  a 
draft  to  Paris,  he  would  obtain  what  was  then  called  a 
"bill  of  exchange  "  on  Paris.  This  he  would  receive  in 
triplicate,  one  being  marked,  "  This  my  first  of  exchange 
(second  and  third  unpaid)";  the  second  being,  "This 
my  second  of  exchange  (first  and  third  unpaid)  "  ;  and 
the  third  one  reading,  "This  my  third  of  exchange  (first 
and  second  unpaid)."  One  of  these  he  would  send  by 
sailing  vessel  direct  to  Havre,  another,  perhaps,  to  Liv- 
erpool, by  the  first  vessel  that  sailed,  and  the  third  he 
might  send  by  ship  to  London,  or  retain  it  to  be  for- 
warded afterward  in  case  one  of  the  others  did  not  reach 
its  destination.  The  first  that  arrived  would  be  paid ; 


INTERNATIONAL  BANKING.  205 

the  others  would  be  worthless.  At  the  present  day, 
however,  with  our  steamship  lines  running  with  regular- 
ity and  comparative  safety,  there  is  much  less  necessity 
for  duplicate  and  triplicate  bills  of  exchange. 

Regular  drafts  are  forwarded  by  merchants  from  New 
York  to  the  various  commercial  centres,  and  received 
from  those  places  in  the  ordinary  course  of  business, 
almost  precisely  in  the  same  manner  that  bills  are 
paid  between  Boston  and  New  York,  or  St.  Paul  and 
Chicago. 

CIRCULAR  NOTES.  —  If  an  American  citizen  wishes  to 
travel  in  foreign  countries,  he  may  deposit  his  money  in 
New  York,  at  one  of  these' general  banking  houses,  and 
receive  a  draft  on  London.  On  his  arrival  at  London 
he  may  draw  the  draft,  receiving  a  portion  in  money,  and 
for  the  rest  taking  a  draft  on  Paris.  He  may  exchange 
his  draft  for  another  on  Rome,  St.  Petersburg,  Con- 
stantinople, or  Cairo,  or  wherever  he  wishes  to  go.  A 
better  plan,  however,  and  one  which  is  more  usually  fol- 
lowed, is  the  following :  Before  leaving  home  he  buys 
in  Boston,  New  York,  or  elsewhere,  a  circular  note,  for 
whatever  sum  he  thinks  may  be  needed  for  his  entire 
travels.  This  circular  note  is  payable,  in  whole  or  in 
part,  at  his  option,  at  any  of  the  branch  houses  of  this 
banking  establishment.  He  has  a  list  of  these  branch 
houses,  and  upon  his  arrival  in  London  he  will  call  on 
the  banking  house  there,  and  ask  for  such  a  sum  as  he 
may  need,  endorsing  the  payment  of  it  on  the  back  of 
the  note.  On  his  arrival  at  Paris,  Berlin,  or  elsewhere, 
he  may  draw  another  amount,  and  so  on  until  the  circu- 
lar note  is  exhausted. 

This  method  is  of  great  convenience  to  travelers,  and, 


206        GOVERNMENT  UNDER  THE  CONST fTUI fON. 

of  course,  the  source  of  profit  to  the  banks,  inasmuch 
as  they  gain  the  interest  on  the  money  from  the  time 
the  note  is  purchased  until  the  payments  are  made 
upon  it. 

There  are  great  advantages  resulting  from  this  system 
of  banking  operations.  In  the  first  place,  the  risk  of  loss 
is  reduced  to  the  minimum.  Then  again,  as  a  traveler 
proceeds  from  one  country  to  another,  he  finds  a  differ- 
ent set  of  coins  and  bank-notes  in  circulation.  Should 
he  carry  American  bank-bills  to  Europe,  he  must  ex- 
change them  with  a  broker,  at  a  discount,  for  the  funds 
current  in  the  country  in  which  he  is  to  travel. 

From  the  foregoing  description  it  will  readily  be  seen 
that  our  modern  system  of  banking,  while  very  simple  in 
itself,  is  yet  complicated  and  complete,  being  wonderfully 
adapted  to  the  business  world  in  the  transaction  of  all 
money  affairs. 

[NOTE  TO  THE  TEACHER  :  —  It  is  hoped  that  the  foregoing  description 
of  banking  operations  will  be  sufficiently  explicit  to  be  readily  understood 
by  ordinary  pupils  in  high  schools  and  upper  classes  in  grammar  schools. 
It  is,  however,  recommended  to  the  teacher  that  he  obtain  deposit  tickets, 
bank  checks,  drafts  on  New  York  and  elsewhere,  and,  if  possible,  a  blank 
draft  on  some  foreign  country,  and  a  circular  note.  The  former  can  be  ob- 
tained from  the  cashier  of  any  bank  and  the  latter  from  any  international 
banking  house.  If  there  is  none  such  in  the  town,  the  teacher  can  obtain 
these  necessary  blanks  by  writing  to  any  such  banking  house  in  New  York 
or  other  large  commercial  city. 

The  teacher  is  also  recommended  to  obtain  all  possible  information  from 
bank  officers  and  business  men,  so  as  to  be  able  to  supplement  the  informa- 
tion given  above,  and  to  answer  all  questions  that  may  be  asked  by  the 
class.] 


CHAPTER   II. 

TERRITORIAL    GROWTH. 

THE  ORIGINAL  TERRITORY.  —  By  the  treaty  of  peace 
with  Great  Britain  in  1783,  the  boundaries  of  the  United 
States  were  defined.  They  were  from  the  Atlantic  on 
the  east  to  the  Mississippi  on  the  west,  and  from  the 
northern  line  of  Florida  on  the  south  to  the  Great  Lakes 
and  Canada  on  the  north.  This  treaty  was  negotiated 
in  Paris  by  commissioners  appointed  by  the  United 
States  and  by  Great  Britain  for  the  purpose.  France 
had  been  our  ally,  and  it  was  expressed  distinctly  in  our 
treaty  with  that  country,  that  when  peace  with  Great 
Britain  should  be  negotiated,  France  should  be  a  party 
to  the  treaty.  Moreover,  when  our  commissioners  were 
appointed  to  act  for  our  country  in  the  negotiation  of 
this  peace,  they  were  instructed  by  special  vote  of  the 
continental  congress  to  take  no  step  without  France. 
Franklin,  Jay,  and  Adams  early  observed  that  France 
was  not  unwilling  to  pay  special  attention  to  the  inter- 
ests of  Spain  in  these  negotiations.  Spain  held  the 
great  province  of  Louisiana  west  of  the  Mississippi,  and 
greatly  desired  to  annex  to  that  territory  the  country 
northwest  of  the  Ohio.  Franklin  at  length  cut  the  knot 
by  negotiating  the  boundary  question  with  the  English 
commissioner  without  the  knowledge  of  the  French  gov- 
ernment. The  provisional  treaty,  therefore,  was  signed 
before  the  French  minister  had  an  opportunity  to  know 


208  TERRITORIAL   GROWTH. 

what  were  to  be  the  boundaries  of  the  new  republic. 
Our  commissioners  in  this  way  succeeded  in  carrying 
the  northern  boundary  through  the  centre  of  the  Great 
Lakes  and  to  the  Lake  of  the  Woods,  thence  southerly 
by  the  whole  length  of  the  Mississippi  to  lat.  31°,  thence 
easterly  to  the  Atlantic  along  the  northern  line  of  Flor- 
ida. This  territory  northwest  of  the  Ohio,  thus  secured 
)o  our  country,  has  proved  of  vast  importance  to  us.  It 
*iow  comprises  five  states  and  that  portion  of  Minnesota 
east  of  the  Mississippi.  The  extent  of  the  original  ter- 
ritory of  the  United  States  was  something  over  800,000 
square  miles.  This  was  more  than  three  times  as  large 
as  France,  or  Spain,  or  Germany,  or  Italy.  The  popula- 
tion was  sparse,  the  settlements  extending  in  the  main 
only  from  100  to  150  miles  from  the  coast.  The  popu- 
lation was  so  small  and  the  territory  was  so  large  that  it 
does  not  appear  to  have  entered  into  the  minds  of  the 
founders  of  the  republic  that  we  should  ever  need  or 
acquire  additional  territory.  Hence  there  is  in  the  con- 
stitution no  provision  for  the  acquisition  of  territory. 

THE  LOUISIANA  PURCHASE.  —  In  1803,  however,  Presi- 
dent Jefferson  proposed  to  our  minister  to  France,  Robert 
R.  Livingston,  to  endeavor  to  purchase  the  island  of  New 
Orleans,  in  order  that  we  might  control  the  left  bank  of 
the  Mississippi  to  its  mouth.  Early  in  the  spring  of  that 
year,  Napoleon,  then  at  the  head  of  the  French  govern- 
ment, found  himself  on  the  eve  of  a  war  with  Great 
Britain.  He  was  fearful  that  his  enemy  would  begin  the 
war  in  North  America  by  the  capture  of  New  Orleans, 
which  would  practically  convey  to  Great  Britain  the  en- 
tire province  of  Louisiana,  which  he  had  but  lately  pur- 
chased of  Spain.  To  prevent  this  province  from  fall- 


THE  LOUISIANA   PURCHASE. 


209 


ing  into  the  hands  of  Great  Britain,  he  proposed  to  sell 
it  to  the  United  States.  The  treaty  was  soon  negotiated 
between  Mr.  Livingston  and  James  Munroe  on  the  part 
of  the  United  States,  and  Barbe"  Marbois,  Napoleon's 
secretary  of  the  treasury,  by  which  this  entire  province 
was  conveyed  to  the  United  States  for  the  sum  of 
$15,000,000.  After  much  discussion  by  the  president, 
the  cabinet,  the  senate,  and  the  people  of  our  country, 
the  treaty  was  ratified.  By  this  purchase  the  United 
States  came  into  possession  of  that  immense  extent  of 
territory  which  is  bounded  upon  the  east  by  the  Missis- 
sippi throughout  its  whole  extent,  and  which  extends 
northward  to  lat.  49°,  westward  to  the  Rocky  Mountains, 
and  to  the  south  as  far  as  the  Gulf  of  Mexico,  embracing 
about  900,000  miles  of  the  most  fertile  country,  with  a 
salubrious  climate,  and  great  variety  of  resources.  This 
accession  has  proved  of  the  utmost  importance  to  the 
growth  and  development  of  this  nation. 

FLORIDA  TREATY.  —  In  1819,  we  negotiated  with 
Spain  for  the  purchase  of  her  provinces  of  east  and  west 
Florida,  paying  therefor  the  sum  of  $  5,000,000. 

TEXAS.  —  Our  next  accession  was  by  the  annexation 
of  Texas  in  1845.  It  had  been  considered  an  open 
question  whether  Texas  was  not  originally  included 
within  the  province  of  Louisiana,  but  we  relinquished 
our  claim  to  Spain  in  the  Florida  treaty  of  1819. 

By  that  treaty  it  had  been  provided  that  the  boundary 
line  between  the  Spanish  provinces  in  North  America  and 
this  country,  beginning  at  the  mouth  of  the  Sabine  river, 
should  follow  up  that  river  northward  along  the  line  of 
the  western  boundary  of  the  present  state  of  Louisiana, 
thence  due  north  to  the  Red  river,  up  the  Red  river, 


2io  TERRITORIAL  GROWTH. 

thence  due  north  to  the  Arkansas  river,  then  following 
the  course  of  the  Arkansas  to  its  source,  thence  north 
to  lat.  42°,  and  west  upon  that  parallel  to  the  Pacific 
Ocean.  By  this  treaty,  therefore,  we  relinquished  any 
claims  that  we  might  have  put  forth  to  Texas. 

CALIFORNIA  AND  NEW  MEXICO.  —  Texas,  in  1836, 
asserted  her  independence  of  Mexico,  and  in  1845,  by 
by  vote  of  congress  and  of  the  legislature  of  Texas,  was 
annexed  to  this  country.  This  gave  us  a  territory  of 
about  300,000  square  miles.  It  led  to  the  war  with 
Mexico,  and  at  the  close  of  the  war,  in  1848,  we  pur- 
chased of  that  republic  California  and  New  Mexico,  pay- 
ing therefor  the  sum  of  $  15,000,000,  and  relinquishing 
claims  of  our  citizens  against  Mexico  for  several  million 
dollars  more. 

GADSDEN  PURCHASE.  —  In  1853  we  purchased  an  ad- 
ditional piece  of  territory  from  Mexico  south  of  the  Gila 
river,  called  the  "  Gadsden  purchase,"  paying  for  it 
$  10,000,000. 

OREGON.  —  Our  title  to  Oregon  is  of  varied  character. 
We  have  claimed  the  right  to  hold  this  country, 

(1)  By  right  of  discovery  (Capt.  Gray,  in  1792). 

(2)  By  exploration  (Lewis  and  Clarke,  in  1805-6). 

(3)  By  actual  settlement  (Astoria,  in  1811). 

(4)  By  purchase  from  France  in   1803,  of  whatever 
claim  she  might  have  had  to  the  country. 

(5)  By  purchase  from  Spain,  in  the  Florida  treaty,  of 
all  her  right  to  this  territory  north  of  lat.  42°. 

(6)  By  treaty  with  Great  Britain  in  1 846,  by  which  she 
yielded  to  us  all  her  claims  south  of  lat.  49°. 

ALASKA.  —  In  1867,  Secretary  Seward  negotiated  a 
treaty  with  Russia,  by  which  we  obtained,  for  the  sum 


EXTENT  OF  TERRITORY.  2ll 

of  $ 7, 200,000,  the  entire  territory  of  Alaska.  This  is 
our  latest  purchase. 

Our  country  now  embraces  about  3,600,000  square 
miles.  Its  eastern  limits  are  the  Atlantic  Ocean,  its 
western  the  Pacific  Ocean ;  its  southern  boundary  is 
upon  the  Gulf  of  Mexico,  and  its  northern  limit  is  the 
Arctic  Ocean.  It  extends  through  about  130°  of  lon- 
gitude, and  about  45°  of  latitude.  It  may  be  con- 
sidered as  embraced  in  four  nearly  equal  divisions. 
The  first  part,  being  a  little  less  than  a  quarter  of  the 
whole,  includes  the  original  territory  east  of  the  Missis- 
sippi river ;  the  second  quarter,  of  about  900,000  square 
miles,  embraces  the  province  of  Louisiana  ;  the  third 
quarter  consists  of  the  original  Texas,  about  300,000 
square  miles  and  the  Mexican  cession  of  about  600,000 
more ;  the  fourth  quarter  includes  the  Oregon  country, 
about  300,000  square  miles,  and  Alaska  about  600,000 
more. 

NEW  STATES. — At  the  beginning  of  our  govern- 
ment there  were  thirteen  states.  Since  then  thirty-one 
states  have  been  admitted  by  congress  in  accordance 
with  a  provision  of  the  constitution.  Twelve  of  these 
added  states  were  formed  from  territory  within  the  orig- 
inal limits.  Nineteen  states,  having  equal  privileges 
with  the  original  states,  have  been  added  to  our  union 
from  acquired  territory.  We  have  now,  therefore  (1890), 
forty-four  states,  and  of  the  territories,  several  are  ask- 
ing to  be  admitted  as  states. 

GROWTH  OF  THE  NATION.  —  On  the  4th  of  July,  1851, 
the  corner-stone  of  a  vast  extension  to  the  national  cap- 
itol,  at  Washington,  was  laid  by  the  president  with  ap- 
propriate ceremonies.  On  that  occasion,  Daniel  Webster 


212  TERRITORIAL   GROWTH. 

was  the  orator  of  the  day.  He  made  the  following  re- 
markable statement  relative  to  the  progress  our  country 
has  made  since  1793.  In  order  to  present  the  continu- 
ation of  this  progress,  we  add  the  last  column,  showing 
the  same  statistics  in  1880,  so  far  as  known. 

1793-  1851.  1880. 

Number  of  states  in  the  union  ...  15  31  38 

Members  of  congress 135  295  369 

Population  of  the  United  States    .    .  3,929,328  23,267,499  50,152,866 

Population  of  the  city  of  New  York  .  33,121  5I5,5°7  1,206,590 

Revenue $5,720,624  $43,774,848  $250,000,000 

Imports $31,000,000  $178,138,314  $446,532,718 

Exports $26,109,000  $151,898,720  $729,053,830 

Tonnage  of  our  vessels 320,764  3,538,454  4,169,601 

Extent  of  territory  of  U.S.  in  sq.m..    .  801,461  3,314,465  3,603,884 

Miles  of  railroad  in  operation  .    .    .  none  10,287  80,831 

Miles  of  railroad  in  construction   .    .  none  10,092  about  20,000 

Lines  of  electric  telegraph,  in  miles  .  none  15,000  82,987 

Number  of  post-offices 209  21,551  4°,855 

Number  of  colleges 19  121  358 

In  1890  the  number  of  states  was  forty-four,  and  the 
population  of  the  entire  country,  as  estimated  by  the 
superintendent  of  the  census,  was  64,000,000. 

In  addition  to  these  forty-four  states  there  are  territo- 
ries as  follows :  Alaska,  Arizona,  Indian  Territory,  New 
Mexico,  Oklahoma,  Utah,  and  the  District  of  Columbia. 

The  District  of  Columbia  is  governed  by  Congress, 
the  people  of  the  District  having  no^  political  rjjrht^ 
except  what  are  delegated  to  them  by  Congress. 

The  Indian  Territory  has  governments  organized  and 
carried  on  by  the  Indians  themselves. 

Alaska  has  no  regular  territorial  government,  but  has 
a  governor,  judge,  and  other  officers,  appointed  by  the 
President.  The  other  four  territories  have  territorial  gov- 
ernments, organized  in  accordance  with  acts  of  Congress. 


CHAPTER   III. 

PRESENT   EXTENT   OF    OUR   COUNTRY. 

THE  entire  extent  of  our  country  at  the  present  time 
is  3,603,884  square  miles.  Of  this  immense  area,  the 
states  proper  include  a  little  over  2,700,000  square  miles, 
and  the  territories,  in  round  numbers,  1,000,000  square 
miles.  The  aggregate  population  according  to  the  cen- 
sus of  1880  is  50,152,866,  of  which  49,369,595  are  in  the 
states,  and  783,271  in  the  territories  (including  the  Dis- 
trict of  Columbia). 

The  average  population  per  square  mile  is  a  little  less 
than  14  for  the  entire  area,  and  for  the  states  proper  23. 
The  greatest  average  per  square  mile  is  in  Rhode  Island, 
which  has  about  255,  and  the  next  is  in  Massachusetts, 
with  222. 

If  the  entire  country  had  a  population  as  dense  as 
Rhode  Island  now  has,  it  would  contain  over  900,000,000, 
or  more  than  three-fifths  the  present  population  of  the 
globe. 

In  a  list  of  all  the  countries  on  the  globe,  only  two, 
Asiatic  Russia  and  the  Chinese  Empire,  exceed  in  extent 
the  United  States. 

The  extent  of  our  country  is  greater  than  all  Europe, 
if  we  exclude  Turkey,  which,  properly  speaking,  is  an 
Asiatic  power.  It  is  more  than  half  as  large  as  the 
whole  of  South  America.  It  is  thirty  times  as  large  as 
Great  Britain  and  Ireland,  or  eighteen  times  as  large  as 


2I4 


PRESENT  EXTENT  OF  OUR   COUNTRY. 


France,  or  twenty  times  the  size  of  Spain,  or  nearly  five 
times  its  original  area. 

WHAT  SHALL  THE  FUTURE  BE  ?  —  Thirty  years  ago  an 
American  gentleman,  observing  the  tendency  towards 
centralization  among  the  great  powers,  ventured  several 
prophecies  respecting  the  future  development  of  the 
leading  powers  of  the  earth.  He  said  :  —  * 

"The  world  is  now  rapidly  tending  to  the  aggregation 
or  consolidation  of  nations  into  a  few  great  empire  states. 
England  and  Russia  already  excel  the  Roman  empire. 
France  is  aiming  at  further  annexation  of  territory. 
Germany  will  be  before  many  years  united  in  a  confed- 
eration. Asia,  west  of  the  British  dominion,  will  fall  in- 
to the  hands  of  Russia  or  England.  China  and  Japan 
will  be  Anglicized  or  Americanized.  The  United  States 
will  take  in  the  whole  continent  of  America.  The  Aus- 
tralian island  will  become  a  federal  republic  ;  and  Africa 
will  exhibit  a  line  of  French  provinces  in  the  north,  a 
Liberian  republic  in  the  west,  an  Egypto-British  state 
in  the  northeast,  and  another  republic  in  the  south. 
That  under  this  new  arrangement  and  vast  aggregation 
of  powers  the  battle  of  freedom  will  be  fought  over  again, 
(Russia  marshalling  the  east  against  the  west),  we  are 
not  permitted  to  doubt ;  nor  is  it  less  certain  that  our  own 
republic,  destined  to  become  the  greatest  of  all  nations, 
unless  arrested  by  the  suicidal  dissolution  of  the  union, 
will  give  the  casting  vote,  with  a  mailed  hand  in  favor 
of  the  freedom  and  progress  of  the  race.  The  grand 
inference  to  be  deduced  in  every  view  of  our  position 
and  duty  is,  then,  that  Americans  ought  to  improve  and 

*  Thomas  W.  Dorr,  in  a  Providence  (R.I.)  paper,  November,  1853. 


WHAT  SHALL   THE  FUTURE  BE? 


215 


hold  fast  their  own  institutions,  elevate  their  national 
character,  render  this  the  abode  of  the  highest  intelli- 
gence, and  of  a  truly  Christian  civilization,  as  well  as 
the  most  successful  industry,  that  thus  our  republic 
may  be  in  readiness,  when  called  upon  in  the  future,  to 
decide  the  fate  of  nations  to  hold  up  for  their  imitation 
the  example  of  a  state  whose  institutions  are  more  con- 
ducive to  the  greatest  freedom  and  welfare  of  mankind 
than  any  that  the  world  has  ever  seen." 

It  is  clear  that  this  great  republic  has  an  important 
future  before  it.  In  its  prosperity  is  bound  up  the 
question  of  popular  government.  If  we  succeed,  a  brill- 
iant future  may  be  predicted  for  the  human  race.  If  we 
fail,  the  hand  goes  back  for  ages  upon  the  dial  of  prog- 
ress. The  result  depends  largely  upon  the  intelligence 
and  the  virtue  of  the  masses.  If  the  people  aie  educated 
to  read  and  think  and  decide  for  themselves,  if  they  re- 
tain virtue  and  godliness,  the  republic  is  safe  and  the 
destiny  of  the  race  is  safe  also. 


APPENDIX. 


I. 

WE  have  already  stated  that  the  first  Continental 
Congress,  which  assembled  at  Philadelphia  September 
5,  1774,  adopted  a  Declaration  of  Rights.  The  follow- 
ing is  the  document,  as  finally  agreed  upon  by  the  Con- 
gress, October  14,  1774.  It  is  confined  to  the  consid- 
eration of  such  rights  as  had  been  infringed  by  acts  of 
the  British  Parliament  since  the  year  1763,  for  the  fur- 
ther consideration  of  the  general  state  of  American 
rights  was  postponed  until  a  subsequent  day. 

DECLARATION  OF   RIGHTS. 

WHEREAS,  since  the  close  of  the  last  war,  the  British  parlia- 
ment claiming  a  power  of  right,  to  bind  the  people  of  America 
by  statutes  in  all  cases  whatsoever,  hath,  in  some  acts,  expressly 
imposed  taxes  on  them,  and  in  others,  under  various  pretences, 
but  in  fact  for  the  purpose  of  raising  a  revenue,  hath  imposed 
rates  and  duties  payable  in  these  colonies,  established  a  board 
of  commissioners,  with  unconstitutional  powers,  and  extended 
the  jurisdiction  of  courts  of  admiralty,  not  only  for  collecting 
the  said  duties,  but  for  the  trial  of  causes  merely  arising  within 
the  body  of  a  county  : 

And  whereas,  in  consequence  of  other  statutes,  judges,  who 
before  held  only  estates  at  will  in  their  offices,  have  been  made 


2i8  APPENDIX. 

dependent  on  the  crown  alone  for  their  salaries,  and  standing 
armies  kept  in  times  of  peace  :  And  whereas  it  has  lately  been 
resolved  in  parliament,  that  by  force  of  a  statute,  made  in  the 
thirty-fifth  year  of  the  reign  of  king  Henry  the  eighth,  colonists 
may  be  transported  to  England,  and  tried  there  upon  accusa- 
tions for  treasons,  and  misprisions,  or  concealments  of  treasons 
committed  in  the  colonies,  and  by  a  late  statute,  such  trials 
have  been  directed  in  cases  therein  mentioned  : 

And  whereas,  in  the  last  session  of  parliament,  three  statutes 
were  made  ;  one,  entitled  an  "  Act  to  discontinue,  in  such  man- 
"  ner  and  for  such  time  as  are  therein  mentioned,  the  landing 
"  and  discharging,  lading,  or  shipping  of  goods,  wares  and  mer- 
"  chandise,  at  the  town,  and  within  the  harbour  of  Boston,  in 
"the  province  of  Massachusetts-Bay,  in  North-America;"  an- 
other, entitled  "  An  act  for  the  better  regulating  the  government 
"  of  the  province  of  Massachusetts-Bay  in  New-England  ;  "  and 
another,  entitled  "  An  act  for  the  impartial  administration  of 
"justice,  in  the  cases  of  persons  questioned  for  any  act  done  by 
"  them  in  the  execution  of  the  law,  or  for  the  suppression  of 
"  riots  and  tumults,  in  the  province  of  the  Massachusetts- Bay, 
"  in  New-England  ;  "  and  another  statute  was  then  made,  "  for 
"  making  more  effectual  provision  for  the  government  of  the 
"  province  of  Quebec,  &c."  All  which  statutes  are  impolitic, 
unjust,  and  cruel,  as  well  as  unconstitutional,  and  most  danger- 
ous and  destructive  of  American  rights  : 

And  whereas,  assemblies  have  been  frequently  dissolved,  con- 
trary to  the  rights  of  the  people,  when  they  attempted  to  de- 
liberate on  grievances ;  and  their  dutiful,  humble,  loyal,  and 
reasonable  petitions  to  the  crown  for  redress,  have  been  repeat- 
edly treated  with  contempt,  by  his  majesty's  ministers  of  state  : 

The  good  people  of  the  several  colonies  of  New-Hampshire, 
Massachusetts-Bay,  Rhode-Island  and  Providence  Plantations, 
Connecticut,  New- York,  New- Jersey,  Pennsylvania,  New-Castle, 
Kent,  and  Sussex,  on  Delaware,  Maryland,  Virginia,  North- 


DECLARATION  OF  RIGHTS.  2IQ 

Carolina,  and  South-Carolina,  justly  alarmed  at  these  arbitrary 
proceedings  of  parliament  and  administration,  have  severally 
elected,  constituted,  and  appointed  deputies  to  meet,  and  sit 
in  General  Congress,  in  the  city  of  Philadelphia,  in  order  to 
obtain  such  establishment,  as  that  their  religion,  laws,  and 
liberties,  may  not  be  subverted.  Whereupon  the  deputies  so 
appointed  being  now  assembled,  in  a  full  and  free  representa- 
tion of  these  colonies,  taking  into  their  most  serious  consider- 
ation, the  best  means  of  attaining  the  ends  aforesaid,  do,  in  the 
first  place,  as  Englishmen,  their  ancestors,  in  like  cases  have 
usually  done,  for  affecting  and  vindicating  their  rights  and  lib- 
erties, DECLARE, 

That  the  inhabitants  of  the  English  colonies  in  North-Amer- 
ica, by  the  immutable  laws  of  nature,  the  principles  of  the 
English  constitution,  and  the  several  charters  or  compacts, 
have  the  following  RIGHTS  : 

Resolved,  N.  C.  D*  i.  That  they  are  entitled  to  life,  liberty, 
and  property,  and  they  have  never  ceded  to  any  sovereign 
power  whatever,  a  right  to  dispose  of  either  without  their 
consent. 

Resolved,  N.  C.  D.  2.  That  our  ancestors,  who  first  settled 
these  colonies,  were  at  the  time  of  their  emigration  from  the 
mother  country,  entitled  to  all  the  rights,  liberties,  and  immuni- 
ties of  free  and  natural-born  subjects,  within  the  realm  of  Eng- 
land. 

Resolved,  N.  C.  D.  3.  That  by  such  emigration  they  by  no 
means  forfeited,  surrendered,  or  lost  any  of  those  rights,  but 
that  they  were,  and  their  descendants  now  are,  entitled  to  the 
exercise  and  enjoyment  of  all  such  of  them,  as  their  local  and 
other  circumstances  enable  them  to  exercise  and  enjoy. 

Resolved,  4.  That  the  foundation  of  English  liberty,  and  of 

*  An  abbreviation  for  nemine  contradicente ;  that  is,  no  one  opposing 
or  Disagreeing. 


220  APPENDIX. 

all  free  government,  is  a  right  in  the  people  to  participate  in 
their  legislative  council :  and  as  the  English  colonists  are  not 
represented,  and  from  their  local  and  other  circumstances,  can- 
not properly  be  represented  in  the  British  parliament,  they  are 
entitled  to  a  free  and  exclusive  power  of  legislation  in  their 
several  provincial  legislatures,  where  their  right  of  representa- 
tion can  alone  be  preserved,  in  all  cases  of  taxation  and  internal 
polity,  subject  only  to  the  negative  of  their  sovereign,  in  such 
manner  as  has  been  heretofore  used  and  accustomed.  But, 
from  the  necessity  of  the  case,  and  a  regard  to  the  mutual  inter- 
est of  both  countries,  we  cheerfully  consent  to  the  operation  of 
such  acts  of  the  British  parliament,  as  are  bona  fide,  restrained 
to  the  regulation  of  our  external  commerce,  for  the  purpose  of 
securing  the  commercial  advantages  of  the  whole  empire  to  the 
mother  countiy,  and  the  commercial  benefits  of  its  respective 
members ;  excluding  every  idea  of  taxation  internal  or  exter- 
nal, for  raising  a  revenue  on  the  subjects  in  America,  without 
their  consent. 

Resolved,  N.  C.  D.  5.  That  the  respective  colonies  are  enti- 
tled to  the  common  law  of  England,  and  more  especially  to 
the  great  and  inestimable  privilege  of  being  tried  by  their  peers 
of  the  vicinage,  according  to  the  course  of  that  law. 

Resolved,  6.  That  they  are  entitled  to  the  benefit  of  such  of 
the  English  statutes,  as  existed  at  the  time  of  their  coloniza- 
tion ;  and  which  they  have,  by  experience,  respectively  found 
to  be  applicable  to  their  several  local  and  other  circumstances. 

Resolved,  N.  C.  D.  7.  That  these,  his  majesty's  colonies,  are 
likewise  entitled  to  all  the  immunities  and  privileges  granted 
and  confirmed  to  them  by  royal  charter,  or  secured  by  their 
several  codes  of  provincial  laws. 

Resolved,  N.  C.  D.  8.  That  they  have  a  right  peaceably  to 
assemble,  consider  of  their  grievances,  and  petition  the  king ; 
and  that  all  prosecutions,  prohibitory  proclamations,  and  com- 
mitments for  the  same,  are  illegal. 


DECLARATION  OF  RIGHTS.  22I 

Resolved,  N.  C.  D.  g.  That  the  keeping  a  standing  army  in 
these  colonies,  in  times  of  peace,  without  the  consent  of  the 
legislature  of  that  colony,  in  which  such  army  is  kept,  is  against 
law. 

Resolved,  N.  C.  D.  10.  It  is  indispensably  necessary  to  good 
government,  and  rendered  essential  by  the  English  constitution, 
that  the  constituent  branches  of  the  legislature  be  independent 
of  each  other ;  that,  therefore,  the  exercise  of  legislative  power 
in  several  colonies,  by  a  council  appointed,  during  pleasure,  by 
the  crown,  is  unconstitutional,  dangerous  and  destructive  to  the 
freedom  of  American  legislation. 

All  and  each  of  which  the  aforesaid  deputies,  in  behalf  of 
themselves,  and  their  constituents,  do  claim,  demand,  and  insist 
on,  as  their  indubitable  rights  and  liberties ;  which  cannot  be 
legally  taken  from  them,  altered  or  abridged  by  any  power  what- 
ever, without  their  own  consent,  by  their  representatives  in  their 
several  provincial  legislatures. 

In  the  course  of  our  inquiry,  we  find  many  infringements  and 
violations  of  the  foregoing  rights,  which  from  an  ardent  desire, 
that  harmony  and  mutual  intercourse  of  affection  and  interest 
may  be  restored,  we  pass  over  for  the  present,  and  proceed  to 
state  such  acts  and  measures  as  have  been  adopted  since  the 
last  war,  which  demonstrate  a  system  formed  to  enslave  America. 

Resolved,  N.  C.  D.  That  the  following  acts  of  parliament  are 
infringements  and  violations  of  the  rights  of  the  colonists ;  and 
that  the  repeal  of  them  is  essentially  necessary,  in  order  to  re- 
store harmony  between  Great  Britain  and  the  American  colonies, 
viz. 

The  several  acts  of  4  Geo.  III.  ch.  15,  and  ch.  34.  —  5  Geo. 
III.  ch.  25.  —  6  Geo.  III.  ch.  52.  —  7  Geo.  III.  ch.  4i,andch. 
46.  —  8  Geo.  III.  ch.  22,  which  impose  duties  for  the  purpose 
of  raising  a  revenue  in  America,  extend  the  power  of  the  admir- 
alty courts  beyond  their  ancient  limits,  deprive  the  American 
subjects  of  trial  by  jury,  authorize  the  judges'  certificate  to  indem- 


222  APPENDIX. 

nify  the  prosecutor  from  damages,  that  he  might  otherwise  be 
liable  to,  requiring  oppressive  security  from  a  claimant  of  ships 
and  goods  seized,  before  he  shall  be  allowed  to  defend  his  prop- 
erty, and  are  subversive  of  American  rights. 

Also  12  Geo.  III.  ch.  24,  entitled  "An  act  for  the  better 
"  securing  his  majesty's  dock- yards,  magazines,  ships,  ammuni- 
"tion,  and  stores,"  which  declares  a  new  offence  in  America, 
and  deprives  the  American  subject  of  a  constitutional  trial  by 
jury  of  the  vicinage,  by  authorizing  the  trial  of  any  person,  charged 
with  the  committing  any  offence  described  in  the  said  act,  out 
of  the  realm,  to  be  indicted  and  tried  for  the  same  in  any  shire 
or  county  within  the  realm. 

Also  the  three  acts  passed  in  the  last  session  of  parliament, 
for  stopping  the  port  and  blocking  up  the  harbour  of  Boston, 
for  altering  the  charter  and  government  of  Massachusetts-Bay, 
and  that  which  is  entitled  "  An  act  for  the  better  administration 
"of  justice,"  &c. 

Also  the  act  passed  in  the  same  session  for  establishing  the 
Roman  Catholic  religion,  in  the  province  of  Quebec,  abolishing 
the  equitable  system  of  English  laws,  and  erecting  a  tyranny 
there,  to  the  great  danger,  (from  so  total  a  dissimilarity  of  reli- 
gion, law  and  government)  of  the  neighbouring  British  colonies, 
by  the  assistance  of  whose  blood  and  treasure  the  said  country 
was  conquered  from  France. 

Also  the  act  passed  in  the  same  session,  for  the  better  pro- 
viding suitable  quarters  for  officers  and  soldiers  in  his  majesty's 
service,  in  North-America. 

Also,  that  the  keeping  a  standing  army  in  several  of  these 
colonies,  in  time  of  peace,  without  the  consent  of  the  legislature 
of  that  colony,  in  which  such  army  is  kept,  is  against  law. 

To  these  grievous  acts  and  measures,  Americans  cannot  sub- 
mit, but  in  hopes  their  fellow  subjects  in  Great- Britain  will,  on 
a  revision  of  them,  restore  us  to  that  state,  in  which  both  coun- 
tries found  happiness  and  prosperity,  we  have  for  the  present, 


DECLARATION  OF  INDEPENDENCE.  22$ 

only  resolved  to  pursue  the  following  peaceable  measures:  i. 
To  enter  into  a  non-importation,  non-consumption,  and  non- 
exportation  agreement  or  association.  2.  To  prepare  an  address 
to  the  people  of  Great-Britain,  and  a  memorial  to  the  inhabitants 
of  British  America  :  and  3.  To  prepare  a  loyal  address  to  his 
majesty,  agreeable  to  resolutions  already  entered  into. 


II. 

THE  DECLARATION  OF  INDEPENDENCE,  ADOPTED  BY  CON- 
GRESS JULY  4,  1776. 

A   DECLARATION    BY  THE    REPRESENTATIVES    OF    THE    UNITED    STATES    OF 
AMERICA,   IN   CONGRESS  ASSEMBLED. 

WHEN,  in  the  course  of  human  events,  it  becomes  necessary 
for  one  people  to  dissolve  the  political  bands  which  have  con- 
nected them  with  another,  and  to  assume,  among  the  powers  of 
the  earth,  the  separate  and  equal  station  to  which  the  laws  of 
nature  and  of  nature's  God  entitle  them,  a  decent  respect  to  the 
opinions  of  mankind  requires  that  they  should  declare  the  causes 
which  impel  them  to  the  separation. 

We  hold  these  truths  to  be  self-evident,  that  all  men  are  cre- 
ated equal ;  that  they  are  endowed  by  their  Creator  with  certain 
unalienable  rights ;  that  among  these,  are  life,  liberty,  and  the 
pursuit  of  happiness.  That,  to  secure  these  rights,  governments 
are  instituted  among  men,  deriving  their  just  powers  from  the 
consent  of  the  governed ;  that,  whenever  any  form  of  govern- 
ment becomes  destructive  of  these  ends,  it  is  the  right  of  the 
people  to  alter  or  to  abolish  it,  and  to  institute  a  new  govern- 
ment, laying  its  foundation  on  such  principles,  and  organizing  its 
powers  in  such  form,  as  to  them  shall  seem  most  likely  to  effect 
their  safety  and  happiness.  Prudence,  indeed,  will  dictate  that 


224  APPENDIX. 

governments  long  established,  should  not  be  changed  for  light 
and  transient  causes  ;  and,  accordingly,  all  experience  hath  shown, 
that  mankind  are  more  disposed  to  suffer,  while  evils  are  suffer- 
able,  than  to  right  themselves  by  abolishing  the  forms  to  which 
they  are  accustomed.  But,  when  a  long  train  of  abuses  and 
usurpations,  pursuing  invariably  the  same  object,  evinces  a  de- 
sign to  reduce  them  under  absolute  despotism,  it  is  their  right,  it 
is  their  duty,  to  throw  off  such  government,  and  to  provide  new 
guards  for  their  future  security.  Such  has  been  the  patient  suf- 
ferance of  these  colonies,  and  such  is  now  the  necessity  which 
constrains  them  to  alter  their  former  systems  of  government. 
The  history  of  the  present  king  of  Great  Britain  is  a  history  of 
repeated  injuries  and  usurpations,  all  having,  in  direct  object, 
the  establishment  of  an  absolute  tyranny  over  these  States.  To 
prove  this,  let  facts  be  submitted  to  a  candid  world  : 

He  has  refused  his  assent  to  laws  the  most  wholesome  and 
necessary  for  the  public  good. 

He  has  forbidden  his  Governors  to  pass  laws  of  immediate  and 
pressing  importance,  unless  suspended  in  their  operation  till  his 
assent  should  be  obtained ;  and,  when  so  suspended,  he  has 
utterly  neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws  for  the  accommodation  of 
large  districts  of  people,  unless  those  people  would  relinquish  the 
right  of  representation  in  the  legislature ;  a  right  inestimable  to 
them,  and  formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual, 
uncomfortable,  and  distant  from  the  depository  of  their  public 
records,  for  the  sole  purpose  of  fatiguing  them  into  compliance 
with  his  measures. 

He  has  dissolved  representative  houses  repeatedly,  for  oppos- 
ing, with  manly  firmness,  his  invasions  on  the  rights  of  the 
people. 

He  has  refused,  for  a  long  time  after  such  dissolutions,  to 
cause  others  to  be  elected ;  whereby  the  legislative  powers,  inca- 


DECLARATION  OF  INDEPENDENCE.  22$ 

pable  of  annihilation,  have  returned  to  the  people  at  large  for 
their  exercise  ;  the  State  remaining,  in  the  mean  time,  exposed  to 
all  the  danger  of  invasion  from  without,  and  convulsions  within. 

He  has  endeavoured  to  prevent  the  population  of  these 
States ;  for  that  purpose,  obstructing  the  laws  for  naturalization 
of  foreigners ;  refusing  to  pass  others  to  encourage  their  migra- 
tion hither,  and  raising  the  conditions  of  new  appropriations  of 
lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing 
his  assent  to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone,  for  the  ten- 
ure of  their  offices,  and  the  amount  and  payment  of  their  sal- 
aries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither 
swarms  of  officers  to  harass  our  people,  and  eat  out  their  sub- 
stance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies, 
without  the  consent  of  our  legislature. 

He  has  affected  to  render  the  military  independent  of,  and 
superior  to,  the  civil  power. 

He  has  combined,  with  others,  to  subject  us  to  a  jurisdiction 
foreign  to  our  constitution,  and  unacknowledged  by  our  laws ; 
giving  his  assent  to  their  acts  of  pretended  legislation  : 

For  quartering  large  bodies  of  armed  troops  among  us  : 

For  protecting  them,  by  a  mock  trial,  from  punishment,  for 
any  murders  which  they  should  commit  on  the  inhabitants  of 
these  States : 

For  cutting  off  our  trade  with  all  parts  of  the  world : 

For  imposing  taxes  on  us  without  our  consent : 

For  depriving  us,  in  many  cases,  of  the  benefits  of  trial  by 
jury: 

For  transporting  us  beyond  seas  to  be  tried  for  pretended 
offences  : 

For  abolishing  the  free  system  of  English  laws  in  a  neighbour- 


226  APPENDIX. 

ing  province,  establishing  therein  an  arbitrary  government,  and 
enlarging  its  boundaries,  so  as  to  render  it  at  once  an  example 
and  fit  instrument  for  introducing  the  same  absolute  rule  into 
these  colonies  : 

For  taking  away  our  charters,  abolishing  our  most  valuable 
laws,  and  altering,  fundamentally,  the  powers  of  our  governments  : 

For  suspending  our  own  legislatures,  and  declaring  themselves 
invested  with  power  to  legislate  for  us  in  all  cases  whatsoever. 

He  has  abdicated  government  here,  by  declaring  us  out  of  his 
protection,  and  waging  war  against  us. 

He  has  plundered  our  seas,  ravaged  our  coasts,  burnt  our 
towns,  and  destroyed  the  lives  of  our  people. 

He  is,  at  this  time,  transporting  large  armies  of  foreign  mer- 
cenaries to  complete  the  works  of  death,  desolation,  and  tyranny, 
already  begun,  with  circumstances  of  cruelty  and  perfidy  scarcely 
paralleled  in  the  most  barbarous  ages,  and  totally  unworthy  the 
head  of  a  civilized  nation. 

He  has  constrained  our  fellow- citizens,  taken  captive  on  the 
high  seas,  to  bear  arms  against  their  country,  to  become  the  exe- 
cutioners of  their  friends  and  brethren,  or  to  fall  themselves  by 
their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and  has 
endeavoured  to  bring  on  the  inhabitants  of  our  frontiers,  the 
merciless  Indian  savages,  whose  known  rule  of  warfare  is  an 
undistinguished  destruction,  of  all  ages,  sexes,  and  conditions. 

In  every  stage  of  these  oppressions,  we  have  petitioned  for 
redress,  in  the  most  humble  terms ;  our  repeated  petitions  have 
been  answered  only  by  repeated  injury.  A  prince,  whose  char- 
acter is  thus  marked  by  every  act  which  may  define  a  tyrant,  is 
unfit  to  be  the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attention  to  our  British  brethren. 

We  have  warned  them,  from  time  to  time,  of  attempts  made 
by  their  legislature  to  extend  an  unwarrantable  jurisdiction  over 
us.  We  have  reminded  them  of  the  circumstances  of  our  emi- 


DECLARATION  OF  INDEPENDENCE.  227 

gration  and  settlement  here.  We  have  appealed  to  their  native 
justice  and  magnanimity,  and  we  have  conjured  them,  by  the 
ties  of  our  common  kindred,  to  disavow  these  usurpations,  which 
would  inevitably  interrupt  our  connections  and  correspondence. 
They,  too,  have  been  deaf  to  the  voice  of  justice  and  consan- 
guinity. We  must,  therefore,  acquiesce  in  the  necessity,  which 
denounces  our  separation,  and  hold  them  as  we  hold  the  rest  of 
mankind,  enemies  in  war,  in  peace,  friends. 

We,  therefore,  the  representatives  of  the  UNITED  STATES  OF 
AMERICA,  in  GENERAL  CONGRESS  assembled,  appealing  to  the 
Supreme  Judge  of  the  world  for  the  rectitude  of  our  intentions, 
do,  in  the  name,  and  by  the  authority  of  the  good  people  of 
these  colonies,  solemnly  publish  and  declare,  That  these  United 
Colonies  are,  and  of  right  ought  to  be,  free  and  independent 
States  ;  that  they  are  absolved  from  all  allegiance  to  the  British 
crown,  and  that  all  political  connexion  beween  them  and  the  state 
of  Great  Britain,  is,  and  ought  to  be  totally  dissolved ;  and  that, 
as  FREE  AND  INDEPENDENT  STATES,  they  have  full  power  to  levy 
war,  conclude  peace,  contract  alliances,  establish  commerce,  and 
to  do  all  other  acts  and  things  which  INDEPENDENT  STATES  may 
of  right  do.  And,  for  the  support  of  this  declaration,  with  a 
firm  reliance  on  the  protection  of  DIVINE  PROVIDENCE,  we 
mutually  pledge  to  each  other,  our  lives,  our  fortunes,  and  our 
sacred  honor. 

The  foregoing  declaration  was,  by  order  of  Congress,  en- 
grossed, and  signed  by  the  following  members  : 

JOHN   HANCOCK. 

New  Hampshire.  Robert  Treat  Paine, 

Josiah  Bartlett,  Elbridge  Gerry. 
William  Whipple,  Rhode  isiand. 

Matthew  Thornton.  Stephen  Hopkins, 

Massachusetts  Bay.  William  Ellery. 
Samuel  Adams,  Connecticut. 

John  Adams,  Roger  Sherman, 


228 


APPENDIX. 


Samuel  Huntington, 
William  Williams, 
Oliver  Wolcott. 

New  York. 
William  Floyd, 
Philip  Livingston, 
Francis  Lewis, 
Lewis  Morris. 

New  Jersey. 
Richard  Stockton, 
John  Witherspoon, 
Francis  Hopkinson, 
John  Hart, 
Abraham  Clark. 

Pennsylvania. 
Robert  Morris, 
Benjamin  Rush, 
Benjamin  Franklin, 
John  Morton, 
George  Clymer, 
James  Smith, 
George  Taylor, 
James  Wilson, 
George  Ross. 

Delaware. 
Caesar  Rodney, 
George  Read, 
Thomas  M'Kean. 


Maryland. 
Samuel  Chase, 
William  Paca, 
Thomas  Stone, 
Charles  Carroll,  of  Carrollton 

Virginia. 
George  Wythe, 
Richard  Henry  Lee, 
Thomas  Jefferson, 
Benjamin  Harrison, 
Thomas  Nelson,  jun. 
Francis  Lightfoot  Lee, 
Carter  Braxton. 

North  Carolina. 
William  Hooper, 
Joseph  Hewes, 
John  Penn. 

South  Carolina. 
Edward  Rutledge, 
Thomas  Heyward,  jun. 
Thomas  Lynch,  jun. 
Arthur  Middletoa. 

Georgia. 

Button  Gvvinnett, 
Lyman  Hall, 
George  Walton. 


Copies  of  the  foregoing  Declaration  were,  by  a  resolu 
tion  of  Congress,  sent  to  the  several  assemblies,  conven- 
tions, and  committees,  or  councils  of  safety,  and  to  the 
several  commanding  officers  of  the  continental  troops ; 
and  it  was  also  proclaimed  in  each  of  the  United  States, 
and  at  the  head  of  the  army. 


ARTICLES  OF  CONFEDERATION.  229 


III. 

ARTICLES  OF  CONFEDERATION  AND   PERPETUAL  UNION 
BETWEEN  THE  STATES. 

To  all  to  whom  these  presents  shall  come,  we  the  undersigned 
Delegates  of  the  States  affixed  to  our  names,  send  greeting :  — 
Whereas  the  Delegates  of  the  United  States  of  America  in  Con- 
gress assembled  did  on  the  i5th  day  of  November  in  the  Year 
of  our  Lord  1777,  and  in  the  Second  Year  of  the  Independence 
of  America  agree  to  certain  articles  of  Confederation  and  per- 
petual Union  between  the  States  of  New-Hampshire,  Massachu- 
setts-bay, Rhode-Island  and  Providence  Plantations,  Connecti- 
cut, New-York,  New-Jersey,  Pennsylvania,  Delaware,  Maryland, 
Virginia,  North-Carolina,  South-Carolina,  and  Georgia,  in  the 
words  following,  viz. 

Articles  of  Confederation  and  Perpetual  Union  between  the  States 
of  New  Hampshire,  Massachusetts-bay,  Rhode  Island  and 
Providence  Plantations,  Connecticut,  New-  York,  New- Jersey, 
Pennsylvania,  Delaware,  Maryland,  Virginia,  North- Caro- 
lina, South- Carolina,  and  Georgia. 

ARTICLE  I.  The  Stile  of  this  confederacy  shall  be  "The 
United  States  of  America." 

ARTICLE  II.  Each  state  retains  its  sovereignty,  freedom  and 
independence,  and  every  Power,  Jurisdiction  and  right,  which 
is  not  by  this  confederation  expressly  delegated  to  the  united 
states,  in  congress  assembled, 

ARTICLE  III.  The  said  states  hereby  severally  enter  into  a 
firm  league  of  friendship  with  each  other,  for  their  common  de- 
fence, the  security  of  their  Liberties,  and  their  mutual  and  gen- 
eral welfare,  binding  themselves  to  assist  each  other,  against  all 
force  offered  to,  or  attacks  made  upon  them,  or  any  of  them,  on 


230 


APPENDIX. 


account  of  religion,  sovereignty,  trade,  or  any  other  pretence 
whatever. 

ARTICLE  IV.  The  better  to  secure  and  perpetuate  mutual 
friendship  and  intercourse  among  the  people  of  the  different 
states  in  this  Union,  the  free  inhabitants  of  each  of  these  states, 
paupers,  vagabonds,  and  fugitives  from  Justice  excepted,  shall  be 
entitled  to  all  privileges  and  immunities  of  free  citizens  in  the 
several  states ;  and  the  people  of  each  state  shall  have  free  in- 
gress and  regress  to  and  from  any  other  state,  and  shall  enjoy 
therein  all  the  privileges  of  trade  and  commerce,  subject  to  the 
same  duties,  impositions  and  restrictions  as  the  inhabitants  there- 
of respectively,  provided  that  such  restriction  shall  not  extend 
so  far  as  to  prevent  the  removal  of  property  imported  into  any 
state,  to  any  other  state  of  which  the  Owner  is  an  inhabitant ; 
provided  also  that  no  imposition,  duties  or  restrictions  shall  be 
laid  by  any  state,  on  the  property  of  the  united  states,  or  either 
of  them. 

If  any  person  guilty  of,  or  charged  with  treason,  felony,  or 
other  high  misdemeanor  in  any  state,  shall  flee  from  Justice, 
and  be  found  in  any  of  the  united  states,  he  shall  upon  demand 
of  the  governor  or  executive  power,  of  the  state  from  which  he 
fled,  be  delivered  up  and  removed  to  the  state  having  jurisdic- 
tion of  his  offence. 

Full  faith  and  credit  shall  be  given  in  each  of  these  states  to 
the  records,  acts  and  judicial  proceedings  of  the  courts  and 
magistrates  of  every  other  state. 

ARTICLE  V.  For  the  more  convenient  management  of  the 
general  interest  of  the  united  states,  delegates  shall  be  annually 
appointed  in  such  manner  as  the  legislature  of  each  state  shall 
direct,  to  meet  in  congress  on  the  first  Monday  in  November,  in 
every  year,  with  a  power  reserved  to  each  state,  to  recal  its  dele- 
gates, or  any  of  them,  at  any  time  within  the  year,  and  to  send 
others  in  their  stead,  for  the  remainder  of  the  Year. 


ARTICLES  OF  CONFEDERATION'.  231 

No  state  shall  be  represented  in  congress  by  less  than  two, 
nor  by  more  than  seven  members  ;  and  no  person  shall  be  capa- 
ble of  being  a  delegate  for  more  than  three  years  in  any  term 
of  six  years ;  nor  shall  any  person,  being  a  delegate,  be  capable 
of  holding  any  office  under  the  united  states,  for  which  he,  or 
another  for  his  benefit  receives  any  salary,  fees  or  emolument 
of  any  kind. 

Each  state  shall  maintain  its  own  delegates  in  any  meeting  of 
the  states,  and  while  they  act  as  members  of  the  committee  of 
the  states. 

In  determining  questions  in  the  united  states,  in  congress 
assembled,  each  state  shall  have  one  vote. 

Freedom  of  speech  and  debate  in  congress  shall  not  be  im- 
peached or  questioned  in  any  Court,  or  place  out  of  congress, 
and  the  members  of  congress  shall  be  protected  in  their  persons 
from  arrests  and  imprisonments,  during  the  time  of  their  going 
to  and  from,  and  attendance  on  congress,  except  for  treason, 
felony,  or  breach  of  the  peace. 

ARTICLE  VI.  No  state  without  the  Consent  of  the  united 
states  in  congress  assembled,  shall  send  any  embassy  to,  or  re- 
ceive any  embassy  from,  or  enter  into  any  conference,  agree- 
ment, alliance  or  treaty  with  any  King  prince  or  state  ;  nor  shall 
any  person  holding  any  office  of  profit  or  trust  under  the  united 
states,  or  any  of  them,  accept  of  any  present,  emolument,  office 
or  title  of  any  kind  whatever  from  any  king,  prince,  or  foreign 
state;  nor  shall  the  united  states  in  congress  assembled,  or 
any  of  them,  grant  any  title  of  nobility. 

No  two  or  more  states  shall  enter  into  any  treaty,  confedera- 
tion or  alliance  whatever  between  them,  without  the  consent  of 
the  united  states  in  congress  assembled,  specifying  accurately 
the  purposes  for  which  the  same  is  to  be  entered  into,  and  how 
long  it  shall  continue. 

No  state  shall  lay  any  imposts  or  duties,  which  may  interfere 


232  APPENDIX. 

with  any  stipulations  in  treaties,  entered  into  by  the  united 
states  in  congress  assembled,  with  any  king,  prince,  or  state,  in 
pursuance  of  any  treaties  already  proposed  by  congress,  to  the 
courts  of  France  and  Spain. 

No  vessels  of  war  shall  be  kept  up  in  time  of  peace  by  any 
state,  except  such  number  only,  as  shall  be  deemed  necessary 
by  the  united  states  in  congress  assembled,  for  the  defence  of 
such  state,  or  its  trade  ;  nor  shall  any  body  of  forces  be  kept 
up  by  any  state,  in  time  of  peace,  except  such  number  only,  as 
in  the  judgment  of  the  united  states,  in  congress  assembled, 
shall  be  deemed  requisite  to  garrison  the  forts  necessary  for  the 
defence  of  such  state ;  but  every  state  shall  always  keep  up  a 
well  regulated  and  disciplined  militia,  sufficiently  armed  and 
accoutred,  and  shall  provide  and  have  constantly  ready  for 
use,  in  public  stores,  a  due  number  of  field  pieces  and  tents, 
and  a  proper  quantity  of  arms,  ammunition  and  camp 
equipage. 

No  state  shall  engage  in  any  war  without  the  consent  of  the 
united  states  in  congress  assembled,  unless  such  state  be  actu- 
ally invaded  by  enemies,  or  shall  have  received  certain  advice 
of  a  resolution  being  formed  by  some  nation  of  Indians  to  invade 
such  state  and  the  danger  is  so  imminent  as  not  to  admit  of  a 
delay,  till  the  united  states  in  congress  assembled  can  be  con- 
sulted :  nor  snail  any  state  grant  commissions  to  any  ships  or 
vessels  of  war,  nor  letters  of  marque  or  reprisal,  except  it  be 
after  a  declaration  of  war  by  the  united  states  in  congress  as- 
sembled, and  then  only  against  the  kingdom  or  state  and  the 
subjects  thereof,  against  which  war  has  been  so  declared,  and 
under  such  regulations  as  shall  be  established  by  the  united 
states  in  congress  assembled,  unless  such  state  be  infested  by 
pirates,  in  which  case  vessels  of  war  may  be  fitted  out  for  that 
occasion,  and  kept  so  long  as  the  danger  shall  continue,  or  until 
the  united  states  in  congress  assembled  shall  determine  other- 
wise. 


ARTICLES  OF  CONFEDERATION'.  233 

ARTICLE  VII.  When  land-forces  are  raised  by  any  state  for 
the  common  defence,  all  officers  of  or  under  the  rank  of  colonel, 
shall  be  appointed  by  the  legislature  of  each  state  respectively 
by  whom  such  forces  shall  be  raised,  or  in  such  manner  as  such 
state  shall  direct,  and  all  vacancies  shall  be  filled  up  by  the  state 
which  first  made  the  appointment. 

ARTICLE  VIII.  All  charges  of  war,  and  all  other  expenses 
that  shall  be  incurred  for  the  common  defence  or  general  wel- 
fare, and  allowed  by  the  united  states  in  congress  assembled, 
shall  be  defrayed  out  of  a  common  treasury,  which  shall  be 
supplied  by  the  several  states,  in  proportion  to  the  value  of  all 
land  within  each  state,  granted  to  or  surveyed  for  any  Person, 
as  such  land  and  the  buildings  and  improvements  thereon  shall 
be  estimated  according  to  such  mode  as  the  united  states  in 
congress  assembled,  shall  from  time  to  time,  direct  and  appoint. 
The  taxes  for  paying  that  proportion  shall  be  laid  and  levied  by 
the  authority  and  direction  of  the  legislatures  of  the  several 
states  within  the  time  agreed  upon  by  the  united  states  in  con- 
gress assembled. 

ARTICLE  IX.  The  united  states  in  congress  assembled,  shall 
have  the  sole  and  exclusive  right  and  power  of  determining  on 
peace  and  war,  except  in  cases  mentioned  in  the  6th  article  —  of 
sending  and  receiving  ambassadors  —  entering  into  treaties  and 
alliances,  provided  that  no  treaty  of  commerce  shall  be  made 
whereby  the  legislative  power  of  the  respective  states  shall  be 
restrained  from  imposing  such  imposts  and  duties  on  foreigners, 
as  their  own  people  are  subjected  to,  or  from  prohibiting  the 
exportation  or  importation  of  any  species  of  goods  or  commodi- 
ties whatsoever  —  of  establishing  rules  for  deciding  in  all  cases, 
what  captures  on  land  or  water  shall  be  legal,  and  in  what  man- 
ner prizes  taken  by  land  or  naval  forces  in  the  service  of  the 
united  states  shall  be  divided  or  appropriated  —  of  granting  let- 
ters of  marque  and  reprisal  in  times  of  peace  — appointing  courts 


234  APPENDIX. 

for  the  trial  of  piracies  and  felonies  committed  on  the  high  seas 
and  establishing  courts  for  receiving  and  determining  finally 
appeals  in  all  cases  of  captures,  provided  that  no  member  of 
congress  shall  be  appointed  a  judge  of  any  of  the  said  courts. 

The  united  states  in  congress  assembled  shall  also  be  the  last 
resort  on  appeal  in  all  disputes  and  differences  now  subsisting  or 
that  hereafter  may  arise  between  two  or  more  states  concerning 
boundary,  jurisdiction  or  any  other  cause  whatever ;  which  au- 
thority shall  always  be  exercised  in  the  manner  following.  When- 
ever the  legislative  or  executive  authority  or  lawful  agent  of  any 
state  in  controversy  with  another  shall  present  a  petition  to  con- 
gress, stating  the  matter  in  question  and  praying  for  a  hearing, 
notice  thereof  shall  be  given  by  order  of  congress  to  the  legis- 
lative or  executive  authority  of  the  other  state  in  controversy, 
and  a  day  assigned  for  the  appearance  of  the  parties  by  their 
lawful  agents,  who  shall  then  be  directed  to  appoint  by  joint  con- 
sent, commissioners  or  judges  to  constitute  a  court  for  hearing 
and  determining  the  matter  in  question :  but  if  they  cannot 
agree,  congress  shall  name  three  persons  out  of  each  of  the 
united  states,  and  from  the  list  of  such  persons  each  party  shall 
alternately  strike  out  one,  the  petitioners  beginning,  until  the 
number  shall  be  reduced  to  thirteen  ;  and  from  that  number  not 
less  than  seven,  nor  more  than  nine  names  as  congress  shall 
direct,  shall  in  the  presence  of  congress  be  drawn  out  by  lot,  and 
th^  persons  whose  names  shall  be  so  drawn  or  any  five  of  them, 
shall  be  commissioners  or  judges,  to  hear  and  finally  determine 
the  controversy,  so  always  as  a  major  part  of  the  judges  who 
shall  hear  the  cause  shall  agree  in  the  determination :  and  if 
either  party  shall  neglect  to  attend  at  the  day  appointed,  without 
showing  reasons,  which  congress  shall  judge  sufficient,  or  being 
present  shall  refuse  to  strike,  the  congress  shall  proceed  to  nomi- 
nate three  persons  out  of  each  state,  and  the  secretary  of  con- 
gress shall  strike  in  behalf  of  such  party  absent  or  refusing ;  and 
the  judgment  and  sentence  of  the  court  to  be  appointed,  in  the 


ARTICLES  OF  CONFEDERATION.  235 

manner  before  prescribed,  shall  be  final  and  conclusive  ;  and  if 
any  of  the  parties  shall  refuse  to  submit  to  the  authority  of  such 
court,  or  to  appear  or  defend  their  claim  or  cause,  the  court 
shall  nevertheless  proceed  to  pronounce  sentence,  or  judgment, 
which  shall  in  like  manner  be  final  and  decisive,  the  judgment 
or  sentence  and  other  proceedings  being  in  either  case  trans- 
mitted to  congress,  and  lodged  among  the  acts  of  congress  for 
the  security  of  the  parties  concerned  :  provided  that  every  com- 
missioner, before  he  sits  in  judgment,  shall  take  an  oath  to  be 
administered  by  one  of  the  judges  of  the  supreme  or  superior 
court  of  the  state,  where  the  cause  shall  be  tried,  "  well  and  truly 
to  hear  and  determine  the  manner  in  question,  according  to  the 
best  of  his  judgment,  without  favour,  affection  or  hope  of  re- 
ward :  "  provided  also  that  no  state  shall  be  deprived  of  territory 
for  the  benefit  of  the  united  states. 

All  controversies  concerning  the  private  right  of  soil  claimed 
vmder  different  grants  of  two  or  more  states,  whose  jurisdictions 
as  they  may  respect  such  lands,  and  the  states  which  passed  such 
grants  are  adjusted,  the  said  grants  or  either  of  them  being  at 
the  s.-ame  time  claimed  to  have  originated  antecedent  to  such 
setdeir;ent  of  jurisdiction,  shall  on  the  petition  of  either  party  to 
the  congress  of  the  united  states,  be  finally  determined  as  near  as 
may  be  in  the  same  manner  as  is  before  prescribed  for  deciding 
disputes  respecting  territorial  jurisdiction  between  different  states. 
The  united  states  in  congress  assembled  shall  also  have  the 
sole  and  exclusive  right  and  power  of  regulating  the  alloy  and 
value  of  coin  struck  by  their  own  authority,  or  by  that  of  the 
respective  states  —  fixing  the  standard  of  weights  and  measures 
throughout  the  United  States  —  regulating  the  trade  and  man- 
aging all  afuiis  with  the  Indians,  not  members  of  any  of  the 
states,  provided  that  the  legislative  right  of  any  state  within  its 
own  limits  be  not  infringed  or  violated  —  establishing  or  regulat- 
ing post-offices  from  one  state  to  another,  throughout  all  the 
united  states,  and  exacting  such  postage  on  the  papers  passing 


236  APPENDIX. 

thro'  the  same  as  may  be  requisite  to  defray  the  expenses  of 
the  said  office  —  appointing  all  officers  of  the  land  forces,  in 
the  service  of  the  united  states,  excepting  regimental  officers  — 
appointing  all  the  officers  of  the  naval  forces,  and  commissioning 
all  officers  whatever  in  the  service  of  the  united  states  —  making 
rules  for  the  government  and  regulation  of  the  said  land  and 
naval  forces,  and  directing  their  operations. 

The  united  states  in  congress  assembled  shall  have  authority 
to  appoint  a  committee,  to  sit  in  the  recess  of  congress,  to  be 
denominated  "A  Committee  of  the  States,"  and  to  consist  of 
one  delegate  from  each  state ;  and  to  appoint  such  other  com- 
mittees and  civil  officers  as  may  be  necessary  for  managing  the 
general  affairs  of  the  united  states  under  their  direction  —  to 
appoint  one  of  their  number  to  preside,  provided  that  no  person 
be  allowed  to  serve  in  the  office  of  president  more  than  one 
year  in  any  term  of  three  years  ;  to  ascertain  the  necessary  sums 
of  Money  to  be  raised  for  the  service  of  the  united  states,  and 
to  appropriate  and  apply  the  same  for  defraying  the  public  ex- 
penses —  to  borrow  money,  or  emit  bills  on  the  credit  of  the 
united  states,  transmitting  every  half  year  to  the  respective  states 
an  account  of  the  sums  of  money  so  borrowed  or  emitted, —  to 
build  and  equip  a  navy —  to  agree  upon  the  number  of  land  forces, 
and  to  make  requisitions  from  each  state  for  its  quota,  in  pro- 
portion to  the  number  of  white  inhabitants  in  such  state  ;  which 
requisition  shall  be  binding,  and  thereupon  the  legislature  of 
each  state  shall  appoint  the  regimental  officers,  raise  the  men 
and  cloath,  arm  and  equip  them  in  a  soldier  like  manner,  at  the 
expense  of  the  united  states ;  and  the  officeis  and  men  so 
cloathed,  armed  and  equipped  shall  march  to  the  place  appoint- 
ed, and  within  the  time  agreed  on  by  the  united  states  in  congress 
assembled  :  But  if  the  united  states  in  congress  assembled  shall, 
on  consideration  of  circumstances  judge  proper  that  any  state 
should  not  raise  men,  or  should  raise  a  smaller  number  than  its 
quota,  and  that  any  other  state  should  raise  a  greater  number 


ARTICLES  OF  CONFEDERATION.  237 

of  men  than  the  quota  thereof,  such  extra  number  shall  be  raised, 
officered,  cloathed,  armed  and  equipped  in  the  same  manner  as 
the  quota  of  such  state,  unless  the  legislature  of  such  state  shall 
judge  that  such  extra  number  cannot  be  safely  spared  out  of 
the  same,  in  which  case  they  shall  raise,  officer,  cloath,  arm  and 
equip  as  many  of  such  extra  number  as  they  judge  can  be  safe- 
ly spared.  And  the  officers  and  men  so  cloathed,  armed  and 
equipped,  shall  march  to  the  place  appointed,  and  within  the 
time  agreed  on  by  the  united  states  in  congress  assembled. 

The  united  states  in  congress  assembled  shall  never  engage  in 
a  war,  nor  grant  letters  of  marque  and  reprisal  in  time  of  peace, 
nor  enter  into  any  treaties  or  alliances,  nor  coin  money,  nor  reg- 
ulate the  value  thereof,  nor  ascertain  the  sums  and  expenses 
necessary  for  the  defence  and  welfare  of  the  united  states,  or  any 
of  them,  nor  emit  bills,  nor  borrow  money  on  the  credit  of  the 
united  states,  nor  appropriate  money,  nor  agree  upon  the  num- 
ber of  vessels  of  war,  to  be  built  or  purchased,  or  the  number  of 
land  or  sea  forces  to  be  raised,  nor  appoint  a  commander  in 
chief  of  the  army  or  navy,  unless  nine  states  assent  to  the  same  : 
nor  shall  a  question  on  any  other  point,  except  for  adjourning 
from  day  to  day  be  determined,  unless  by  the  votes  of  a  major- 
ity of  the  united  states  in  congress  assembled. 

The  Congress  of  the  united  states  shall  have  power  to  adjourn 
to  any  time  within  the  year,  and  to  any  place  within  the  united 
states,  so  that  no  period  of  adjournment  be  for  a  longer  duration 
than  the  space  of  six  months,  and  shall  publish  the  Journal  of 
their  proceedings  monthly,  except  such  parts  thereof  relating  to 
treaties,  alliances  or  military  operations,  as  in  their  judgment 
require  secrecy ;  and  the  yeas  and  nays  of  the  delegates  of  each 
state  on  any  question  shall  be  entered  on  the  Journal,  when  it  is 
desired  by  any  delegate  ;  and  the  delegates  of  a  state,  or  any  of 
them,  at  his  or  their  request  shall  be  furnished  with  a  transcript 
of  the  said  Journal,  except  such  parts  as  are  above  excepted,  to 
lay  before  the  legislatures  of  the  several  states. 


238  APPENDIX. 

ARTICLE  X.  The  committee  of  the  states,  or  any  nine  of  them, 
shall  be  authorized  to  execute,  in  the  recess  of  congress,  such  of 
the  powers  of  congress  as  the  united  states  in  congress  assembled, 
by  the  consent  of  nine  states,  shall  from  time  to  time  think  ex- 
pedient to  vest  them  with  ;  provided  that  no  power  be  delegated 
to  the  said  committee,  for  the  exercise  of  which,  by  the  articles 
of  confederation,  the  voice  of  nine  states  in  the  congress  of  the 
united  states  assembled  is  requisite. 

ARTICLE  XI.  Canada  acceding  to  this  confederation,  and  join- 
ing in  the  measures  of  the  united  states,  shall  be  admitted  into, 
and  entitled  to  all  the  advantages  of  this  union ;  but  no  other 
colony  shall  be  admitted  into  the  same,  unless  such  admission 
be  agreed  to  by  nine  states. 

ARTICLE  XII.  All  bills  of  credit  emitted,  monies  borrowed 
and  debts  contracted  by,  or  under  the  authority  of  congress,  be- 
fore the  assembling  of  the  united  states,  in  pursuance  of  the 
present  confederation,  shall  be  deemed  and  considered  as  a 
charge  against  the  united  states,  for  payment  and  satisfaction 
whereof  the  said  united  states,  and  the  public  faith  are  hereby 
solemnly  pledged. 

ARTICLE  XIII.  Every  state  shall  abide  by  the  determinations 
of  the  united  states  in  congress  assembled,  on  all  questions  which 
by  this  confederation  is  submitted  to  them.  And  the  Articles 
of  this  confederation  shall  be  inviolably  observed  by  every  state, 
and  the  union  shall  be  perpetual ;  nor  shall  any  alteration  at  any 
time  hereafter  be  made  in  any  of  them  ;  unless  such  alteration 
be  agreed  to  in  a  congress  of  the  united  states,  and  be  after- 
wards confirmed  by  the  legislatures  of  every  state. 

And  Whereas  it  hath  pleased  the  Great  Governor  of  the 
World  to  incline  the  hearts  of  the  legislatures  we  respectively 
represent  in  congress,  to  approve  of,  and  to  authorize  us  to  rat- 
ify the  said  articles  of  confederation  and  perpetual  union.  Know 


ARTICLES  OF  CONFEDERATION. 


239 


Ye  that  we  the  undersigned  delegates,  by  virtue  of  the  power 
and  authority  to  us  given  for  that  purpose,  do  by  these  presents, 
in  the  name  and  in  behalf  of  our  respective  constituents,  fully 
and  entirely  ratify  and  confirm  each  and  every  of  the  said  arti- 
cles of  confederation  and  perpetual  union,  and  all  and  singular 
the  matters  and  things  therein  contained :  And  we  do  further 
solemnly  plight  and  engage  the  faith  of  our  respective  constitu- 
ents, that  they  shall  abide  by  the  determinations  of  the  united 
states  in  congress  assembled,  on  all  questions,  which  by  the  said 
confederation  are  submitted  to  them.  And  that  the  articles 
thereof  shall  be  inviolably  observed  by  the  states  we  respectively 
represent,  and  that  the  union  shall  be  perpetual.  In  witness 
whereof  we  have  hereunto  set  our  hands  in  Congress.  Done  at 
Philadelphia  in  the  state  of  Pennsylvania  the  9th  day  of  July  in 
the  Year  of  our  Lord,  1778,  and  in  the  3d  year  of  the  Indepen- 
dence of  America. 


Josiah  Bartlett, 

John  Hancock, 
Samuel  Adams, 
Elbridge  Gerry, 

William  Ellery, 
Henry  Marchant, 

Roger  Sherman, 
Samuel  Huntington, 
Oliver  Wolcott, 
Jas  Duane, 
Fras  Lewis, 


Jn°  Witherspoon, 

Rob'  Morris, 

Daniel  Roberdeau, 

Jon*  Bayard  Smith, 

Tho.  M'Kean,  Feb.  12,  1779, 

John  Dickinson,  May  5,  1779, 

John  Hanson, 
March  ist,  1781, 


John  Wentworth,  jun. 
August  8th,  1778, 

Francis  Dana, 
James  Lovell, 
Samuel  Holton, 

John  Collins, 


Titus  Hosmer, 
Andrew  Adam, 

William  Duer, 
GouV  Morris, 

Nath1  Scudder, 

William  Clingan, 
Joseph  Reed, 

22d  July,  1778. 
Nicholas  Van  Dyke, 

Daniel  Carroll, 
March  ist,  1781. 


)  On  the  part  and  behalf  of  the  state 
)  of  New  Hampshire. 

/  On  the  part  and  behalf  of  the  stata 
j  of  Massachusetts-Bay. 

\  On  the  part  and  behalf  of  the  state 
\  of  Rhode-Island  and  Providence 
'  Plantations. 

I  On  the  part  and  behalf  of  the  state 
J  of  Connecticut. 

)  On  the  part  and  behalf  of  the  state 
of  New- York. 

\  On  the  part  and  behalf  of  the  state 
of  New-Jersey,  November  26th, 
'      1778. 

|  On  the  part  and  behalf  of  the  state 
j  of  Pennsylvania. 

)  On  the  part  and  behalf  of  the  state 
of  Delaware. 

)  On  the  part  and  behalf  of  the  state 
)  of  Maryland. 


240 


APPENDIX. 


Richard  Henry  Lee, 
John  Banister, 
Thomas  Adams, 

Jn°  Harvie, 
Francis  Lightfoot  Lee, 

John  Penn, 
July  2ist,  1778, 

Corns  Harnett, 
Jn°  Williams, 

Henry  Laurens, 
William  Henry  Drayton, 
Jn°  Matthews, 

Richd  Hutson, 
Thos.  Heyward,  jun. 

Jn°  Walton, 
24th  July,  1778, 

Edwd  Telfair, 
Edwd  Langworthy, 

On  the  part  and  behalf  of  the  stat* 
of  Virginia. 

\  On  the  part  and  behalf  of  the  state 
of  North  Carolina. 

\  On  the  part  and  behalf  of  the  state 
of  South  Carolina. 

\  On  the  part  and  behalf  of  the  state 
of  Georgia. 


IV. 
ELECTORAL  COUNT  BILL. 

CHAP.  90.  —  An  act  to  fix  the  day  for  the  meeting  of  the  electors  of 
President  and  Vice-President,  and  to  provide  for  and  regulate  the  count- 
ing of  the  votes  for  President  and  Vice-President,  and  the  decision  of 
questions  arising  thereon. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  the 
electors  of  each  State  shall  meet  and  give  their  votes  on  the 
second  Monday  in  January  next  following  their  appointment, 
at  such  place  in  each  State  as  the  legislature  of  such  State  shal] 
direct. 

SEC.  2.  That  if  any  State  shall  have  provided,  by  laws  en- 
acted prior  to  the  day  fixed  for  the  appointment  of  the  elec- 
tors, for  its  final  determination  of  any  controversy  or  contest 
concerning  the  appointment  of  all  or  any  of  the  electors  of 
such  State,  by  judicial  or  other  methods  or  procedures,  and 
such  determination  shall  have  been  made  at  least  six  days 
before  the  time  fixed  for  the  meeting  of  the  electors,  such  de- 
termination made  pursuant  to  such  law  so  existing  on  said  day, 
and  made  at  least  six  days  prior  to  the  said  time  of  meeting 
of  the  electors,  shall  be  conclusive,  and  shall  govern  in  the 
counting  of  the  electoral  votes  as  provided  in  the  Constitution, 


ELECTORAL   COUNT  BILL.  241 

and  as  hereinafter  regulated,  so  far  as  the  ascertainment  of  the 
electors  appointed  by  such  State  is  concerned. 

SEC.  3.  That  it  shall  be  the  duty  of  the  executive  of  each 
State,  as  soon  as  practicable  after  the  conclusion  of  the  appoint- 
ment of  electors  in  such  State,  by  the  final  ascertainment  under 
and  in  pursuance  of  the  laws  of  such  State  providing  for  such 
ascertainment,  to  communicate,  under  the  seal  of  the  State,  to 
the  Secretary  of  State  of  the  United  States,  a  certificate  of  such 
ascertainment  of  the  electors  appointed,  setting  forth  the  names 
of  such  electors  and  the  canvass  or  other  ascertainment  under 
the  laws  of  such  State  of  the  number  of  votes  given  or  cast  for 
each  person  for  whose  appointment  any  and  all  votes  have  been 
given  or  cast ;  and  it  shall  also  thereupon  be  the  duty  of  the 
executive  of  each  State  to  deliver  to  the  electors  of  such  State, 
on  or  before  the  day  on  which  they  are  required  by  the  pre- 
ceding section  to  meet,  the  same  certificate,  in  triplicate,  under 
the  seal  of  the  State ;  and  such  certificate  shall  be  inclosed 
and  transmitted  by  the  electors  at  the  same  time  and  in  the 
same  manner  as  is  provided  by  law  for  transmitting  by  such 
electors  to  the  seat  of  Government  the  lists  of  all  persons  voted 
for  as  President  and  of  all  persons  voted  for  as  Vice-President ; 
and  section  one  hundred  and  thirty-six  of  the  Revised  Statutes 
is  hereby  repealed ;  and  if  there  shall  have  been  any  final 
determination  in  a  State  of  a  controversy  or  contest  as  pro- 
vided for  in  section  two  of  this  act,  it  shall  be  the  duty  of  the 
executive  of  such  State,  as  soon  as  practicable  after  such  deter- 
mination, to  communicate,  under  the  seal  of  the  State,  to  the 
Secretary  of  State  of  the  United  States,  a  certificate  of  such 
determination,  in  form  and  manner  as  the  same  shall  have  been 
made  ;  and  the  Secretary  of  State  of  the  United  States,  as  soon 
as  practicable  after  the  receipt  at  the  State  Department  of  each 
of  the  certificates  hereinbefore  directed  to  be  transmitted  to  the 
Secretary  of  State,  shall  publish,  in  such  public  newspaper  as 
he  shall  designate,  such  certificates  in  full;  and  at  the  first 


242 


APPENDIX. 


meeting  of  Congress  thereafter  he  shall  transmit  to  the  two 
Houses  of  Congress  copies  in  full  of  each  and  every  such  cer- 
tificate so  received  theretofore  at  the  State  Department. 

SEC.  4.  That  Congress  shall  be  in  session  on  the  second 
Wednesday  in  February  succeeding  every  meeting  of  the  elec- 
tors. The  Senate  and  House  of  Representatives  shall  meet  in 
the  Hall  of  the  House  of  Representatives  at  the  hour  of  one 
o'clock  in  the  afternoon  on  that  day,  and  the  President  of  the 
Senate  shall  be  their  presiding  officer.  Two  tellers  shall  be 
previously  appointed  on  the  part  of  the  Senate  and  two  on  the 
part  of  the  House  of  Representatives,  to  whom  shall  be  handed, 
as  they  are  opened  by  the  President  of  the  Senate,  all  the  cer- 
tificates and  papers  purporting  to  be  certificates  of  the  elec- 
toral votes,  which  certificates  and  papers  shall  be  opened, 
presented,  and  acted  upon  in  the  alphabetical  order  of  the 
States,  beginning  with  the  letter  A ;  and  said  tellers,  having 
then  read  the  same  in  the  presence  and  hearing  of  the  two 
Houses,  shall  make  a  list  of  the  votes  as  they  shall  appear  from 
the  said  certificates  \  and  the  votes  having  been  ascertained 
and  counted  in  the  manner  and  according  to  the  rules  in  this 
act  provided,  the  result  of  the  same  shall  be  delivered  to  the 
President  of  the  Senate,  who  shall  thereupon  announce  the  state 
of  the  vote,  which  announcement  shall  be  deemed  a  sufficient 
declaration  of  the  persons,  if  any,  elected  President  and  Vice- 
President  of  the  United  States,  and,  together  with  a  list  of  the 
votes,  be  entered  on  the  Journals  of  the  two  Houses.  Upon 
such  reading  of  any  such  certificate  or  paper,  the  President  of 
the  Senate  shall  call  for  objections,  if  any.  Every  objection 
shall  be  made  in  writing,  and  shall  state  clearly  and  concisely, 
and  without  argument,  the  ground  thereof,  and  shall  be  signed 
by  at  least  one  Senator  and  one  Member  of  the  House  of  Rep- 
resentatives before  the  same  shall  be  received.  When  all  objec- 
tions so  made  to  any  vote  or  paper  from  a  State  shall  have  been 
received  and  read,  the  Senate  shall  thereupon  withdraw,  and 


ELECTORAL   COUNT  BILL. 


243 


such  objections  shall  be  submitted  to  the  Senate  for  its  decis- 
ion ;  and  the  Speaker  of  the  House  of  Representatives  shall,  in 
like  manner,  submit  such  objections  to  the  House  of  Repre- 
sentatives for  its  decision  ;  and  no  electoral  vote  or  votes  from 
any  State  which  shall  have  been  regularly  given  by  electors 
whose  appointment  has  been  lawfully  certified  to  according  to 
section  three  of  this  act  from  which  but  one  return  has  been 
received  shall  be  rejected,  but  the  two  Houses  concurrently 
may  reject  the  vote  or  votes  when  they  agree  that  such  vote 
or  votes  have  not  been  so  regularly  given  by  electors  whose 
appointment  has  been  so  certified.  If  more  than  one  return 
or  paper  purporting  to  be  a  return  from  a  State  shall  have  been 
received  by  the  President  of  the  Senate,  those  votes,  and  those 
only,  shall  be  counted  which  shall  have  been  regularly  given  by 
the  electors  who  are  shown  by  the  determination  mentioned  in 
section  two  of  this  act  to  have  been  appointed,  if  the  deter- 
mination in  said  section  provided  for  shall  have  been  made,  or 
by  such  successors  or  substitutes,  in  case  of  a  vacancy  in  the 
board  of  electors  so  ascertained,  as  have  been  appointed  to 
fill  such  vacancy  in  the  mode  provided  by  the  laws  of  the 
State ;  but  in  case  there  shall  arise  the  question  which  of  two 
or  more  of  such  State  authorities  determining  what  electors 
have  been  appointed,  as  mentioned  in  section  two  of  this  act, 
is  the  lawful  tribunal  of  such  State,  the  votes  regularly  given 
of  those  electors,  and  those  only,  of  such  State  shall  be 
counted  whose  title  as  electors  the  two  Houses,  acting  sepa- 
rately, shall  concurrently  decide  is  supported  by  the  decision 
of  such  State  so  authorized  by  its  laws ;  and  in  such  case  of 
more  than  one  return  or  paper  purporting  to  be  a  return  from 
a  State,  if  there  shall  have  been  no  such  determination  of  the 
question  in  the  State  aforesaid,  then  those  votes,  and  those 
only,  shall  be  counted  which  the  two  Houses  shall  concurrently 
decide  were  cast  by  lawful  electors  appointed  in  accordance 
with  the  laws  of  the  State,  unless  the  two  Houses,  acting  sepa- 


244  APPENDIX. 

rately,  shall  concurrently  decide  such  votes  not  to  be  the  lawful 
votes  of  the  legally  appointed  electors  of  such  State.  But  if 
the  two  Houses  shall  disagree  in  respect  of  the  counting 
of  such  votes,  then,  and  in  that  case,  the  votes  of  the  electors 
whose  appointment  shall  have  been  certified  by  the  Executive 
of  the  State,  under  the  seal  thereof,  shall  be  counted.  When 
the  two  Houses  have  voted,  they  shall  immediately  again  meet, 
and  the  presiding  officer  shall  then  announce  the  decision  of 
the  questions  submitted.  No  votes  or  papers  from  any  other 
State  shall  be  acted  upon  until  the  objections  previously  made 
to  the  votes  or  papers  from  any  State  shall  have  been  finally 
disposed  of. 

SEC.  5.  That  while  the  two  Houses  shall  be  in  meeting  as 
provided  in  this  act  the  President  of  the  Senate  shall  have 
power  to  preserve  order ;  and  no  debate  shall  be  allowed  and 
no  question  shall  be  put  by  the  presiding  officer  except  to 
either  House  on  a  motion  to  withdraw. 

SEC.  6.  That  when  the  two  Houses  separate  to  decide  upon 
an  objection  that  may  have  been  made  to  the  counting  of  any 
electoral  vote  or  votes  from  any  State,  or  other  question  arising 
in  the  matter,  each  Senator  and  Representative  may  speak  to 
such  objection  or  question  five  minutes,  and  not  more  than 
once ;  but  after  such  debate  shall  have  lasted  two  hours  it  shall 
be  the  duty  of  the  presiding  officer  of  each  House  to  put  the 
main  question  without  further  debate. 

SEC.  7.  That  at  such  joint  meeting  of  the  two  Houses  seats 
shall  be  provided  as  follows  :  For  the  President  of  the  Senate, 
the  Speaker's  chair ;  for  the  Speaker,  immediately  upon  his  left ; 
the  Senators,  in  the  body  of  the  Hall  upon  the  right  of  the 
presiding  officer ;  for  the  Representatives,  in  the  body  of  the 
Hall  not  provided  for  the  Senators ;  for  the  tellers,  Secretary 
of  the  Senate,  and  Clerk  of  the  House  of  Representatives,  at 
the  Clerk's  desk  ;  for  the  other  officers  of  the  two  Houses,  in 
front  of  the  Clerk's  desk  and  upon  each  side  of  the  Speaker's 


ELECTORAL   COUNT  BILL.  24$ 

platform.  Such  joint  meeting  shall  not  be  dissolved  until  the 
count  of  electoral  votes  shall  be  completed  and  the  result 
declared ;  and  no  recess  shall  be  taken  unless  a  question  shall 
have  arisen  in  regard  to  counting  any  such  votes,  or  otherwise 
under  this  act,  in  which  case  it  shall  be  competent  for  either 
House,  acting  separately,  in  the  manner  hereinbefore  provided, 
to  direct  a  recess  of  such  House  not  beyond  the  next  calendar 
day,  Sunday  excepted,  at  the  hour  of  ten  o'clock  in  the  fore- 
noon. But  if  the  counting  of  the  electoral  votes  and  the  decla- 
ration of  the  result  shall  not  have  been  completed  before  the 
fifth  calendar  day  next  after  such  first  meeting  of  the  two 
Houses,  no  further  or  other  recess  shall  be  taken  by  either 
House. 

Approved,  February  3,  1887. 


INDEX. 


Adrm.aion  of  New  States,  164. 

Ad  Valorem  Duties,  107. 

Aldermen,  7. 

Amendments  to  the  Constitution,  78, 

J7L 

Annapolis,  Convention  at,  57. 

Appropriation  Bills,  132. 

Armies,  Support  of,  Powers  of  Con- 
gress, 122. 

Army,  Officers  of,  123;  Rules  of,  Pow- 
ers of  Congress,  125. 

Articles  of  Confederation,  The,  53. 

Assessors  of  Taxes,  4. 

Auditor,  24. 

Agriculture,  Department  of,  195. 

Banking,  International,  203. 

Banking  System,  The,  200. 

Bankruptcy,  Powers  of  Congress,  109, 
in. 

Bill  of  Attainder,  Powers  of  Congress, 

131- 

Bills  of  Revenue,  102, 
Boroughs,  6. 
British  Colonies,  29. 
Bureau  of  Education,  17. 

Charter  Governments,  47. 

Church  and  State,  19, 

Circular  Notes,  205. 

Cities,  6. 

City  Charter,  6 ;  Officers,  6. 

Coinage  of  Money,  Powers  of  Congress, 

in. 

Collectors  of  Taxes,  5. 
Colonial     Governments,    Dutch,    44; 

England,  44 ;  French,  44. 
Colonial  Government,  Kinds  of,  45. 
Colonial  Governments,  Spain,  43. 


Colonies,  British,  29;  Thirtren  Eng- 
lish, 44. 

Commerce,  Powers  of  Congress,  109. 

Congress  of  1765,  The,  39. 

Congress,  Meeting  of,  99 ;  Powers  of, 
105;  Privileges  of  Members,  101 ; 
Quorum  of,  99;  Rules  of,  100;  Sal- 
ary of  Members  of,  101. 

Constitution  Approved,  The,  60 ;  Divi- 
sion into  Subjects,  88;  Government 
under  the,  184 ;  The,  63. 

Continental  Congress,  The  First,  40; 
The  Second,  42,  48. 

Convention  at  Annapolis,  57;  The 
Federal,  58. 

Copyrights,  Assignments,  119;  Copies 
of  Duplicate  Certificates,  119;  Dura- 
tion of,  118;  Fees,  117;  for  Works 
of  Art,  119 ;  Full  Name  of  Proprietor 
Required,  120 ;  No  Labels  or  Names, 
120;  Notice  of,  to  be  given  by  Im- 
print, 117  ;  Powers  of  Congress,  116 ; 
Printed  Title  Required,  116;  Renew- 
al of,  118;  Seiials,  119;  Separate 
Publications,  119;  Time  of  Publica- 
tion, 119;  Translations,  118. 

Counterfeiting,  Punishment  of,  Powers 
of  Congress,  113. 

Copyrights,  Two  Copies  Required,  117. 

County,  26. 

Dates  of  Ratification  of  the  Constitu- 
tion, 62. 

Declaration  of  Independence,  The,  49. 

Department  of  Justice,  The,  195;  of 
the  Interior,  The,  189 ;  of  the  Navy, 
The,  188;  The  Executive,  142,  181; 
The  Judicial,  158;  The  Legislative, 


248 


INDEX. 


89,  177;  The  Post-Office,  191;  of 
State,  The,  182 ;  The  Treasury,  184 ; 
The  War,  186  ;  of  Agriculture,  195. 

District  of  Columbia,  Powers  of  Con- 
gress, 125. 

Duties,  106. 

Education  and  the  National  Govern- 
ment, 16 ;  Bureau  of,  17 ;  State  Sys- 
tems of,  17. 

Election  of  President,  141  ;  by  the 
House,  148. 

Electors,  139 ;  Counting  of  the  Votes  of 
the,  147  ;  Date  of  Choosing  the,  142 ; 
Date  of  Voting  of,  142 ;  Meeting  of 
the,  146;  Method  of  Electing  the, 

145- 

Excises,  106. 

Executive  Department,  The,  142,  181. 

Executive  Power,  The,  137. 

Export  Duties,  Powers  of  Congress, 
132. 

Ex  post  facto  Law,  Powers  of  Con- 
gress, 131. 

Federal  Convention,  The,  58. 

Florida  Treaty,  209. 

Formation  of  New  States,  164. 

Free  and  Slave  States,  165. 

French  and  Indian  War,  The  Results  of 

the,  31. 
French  Settlements,  29. 

Gadsden  Purchase,  210. 

General  Powers  of  Congress,  127. 

General  Welfare,  The,  10. 

Germs  of  Union,  The,  36. 

Government,  Contact  with,  26 ;  in  oper- 
ation, 175;  Military,  10;  Police,  u; 
under  the  Constitution,  184 ;  Schools, 
16;  The  Colonial,  55;  The  Confed- 
erate, 55;  The  Constitutional,  56; 
The  Revolutionary,  55;  Three  De- 
partments of,  87. 

Governments,  Charter,  47;  Proprie- 
tary, 46. 

Gradation  of  Schools,  19. 

Growth  of  the  Nation,  211. 


House  of  Representatives,  90, 179;  Offi- 
cers of,  92. 

Impeachments,  97. 

Imposts,  106. 

Independence,  The  Drift  towards,  32. 

Interior,  The  Department  of  the,  189. 

International  Banking,  203. 

Interstate  Surrender,  164. 

Judicial  Department,  The,  158. 

Judicial  Power,  The,  159. 

Justice,  10 ;  The  Department  of,  195. 

Land-Office,  The,  189. 
Law-Making,  102. 

Legislative  Department,  The,  89,  177. 
Letters  of  Marque  and  Reprisal,  Powers 

of  Congress,  122. 
Louisiana  Purchase,  The,  208. 

Mails,  The,  113. 

Man  a  Social  Being,  i. 

Mayor,  6. 

Meeting  of  Congress,  99. 

Members  of  Congress,  Privileges  of, 
101 ;  Salary  of,  101. 

Military  Government,  10. 

Militia,  125. 

Ministers  Resident,  184. 

Miscellaneous  Provisions,  163. 

Mode  of  Amending  the  Constitution, 
169. 

Moderator,  2. 

Money,  Coinage  of,  Powers  of  Con- 
gress, in. 

Municipalities,  26. 

Nation  and  the  State,  The,  27. 
National  Bank  System,  The,  197. 
National  Government  and  Education, 

The,  16. 
Naturalization,   Powers   of   Congress, 

109. 
Navy,  The   Department  of  the,  188; 

Officers  of,  124;  Rules  of,  Powers  of 

Congress,  125;   Support  of,  Powers 

of  Congress,  124. 


INDEX. 


249 


Need  of  Government,  i. 
New  States,  164,  211. 

Objects  of  Government,  The,  9. 
Overseers  of  the  Poor,  5. 

Patents,  Powers  of  Congress,  120. 

Peace,  10. 

Piracies,  Punishments  of,  Powers  of 
Congress,  121. 

Police  Government,  n. 

Postal  Money  Orders,  115. 

Postmasters,  113. 

Post-Office  Department,  The,  191. 

Post-Offices,  Powers  of  Congress,  113. 

Powers  of  Congress,  105. 

Powers  of  President,  155. 

Power,  The  Judicial,  159. 

Preamble,  9,  84. 

Present  Extent  of  Our  Country,  213. 

President,  137 ;  Election  by  the  House 
of  the,  148;  Election  of,  141;  Im- 
peachment of,  157 ;  of  the  Senate,  96; 
Powers  of,  155;  Qualifications  for, 
149. 

Presidential  Term,  137. 

Presidents,  The,  138. 

President's  Oath  of  Office,  154 ;  Salary, 

153- 

President's  Veto,  103. 
Property,  Valuation  of,  22. 
Proprietary  Governments,  46. 
Provincial  Governments,  The,  45. 
Public    Lands    for   School    Purposes, 

15: 
Public   Ministers    and  Consuls,   183 ; 

Schools,  14. 
Punishment  of  Treason,  The,  162. 

Qualifications  for  President,  149. 
Quebec,  The  Battle  of,  30. 
Quorum  of  Congress,  99. 

Ratification    and    Amendments,    169; 

of  the  Constitution,  Dates  of,  62. 
Representatives,  Appointment   of,  91 ; 

House  of,  90 ;  House  of,  Officers  of, 

92 ;  Qualifications  for,  90. 


Restrictions  upon  the  States,  134. 
Rules  of  Congress,  100. 

Salary  of  Members  of  Congress,  101; 
of  the  President,  153. 

School  Committee,  3  ;  Purposes,  Public 
Lands  for,  15 ;  Superintendents,  19. 

Schools  at  the  West,  14  ;  Government, 
16;  Gradation  of,  19;  in  New  Eng- 
land, Early  Public,  14 ;  of  the  South, 
15;  Public,  14. 

Secretary  of  Legation,  184. 

Selectmen,  3. 

Senate,  Officers  of,  96;  President  of, 
96,  178  ;  The,  93,  178. 

Senators,  Qualifications  for,  95. 

Settlements,  French,  29  ;  Spanish,  29. 

Slave  Trade,  121 ;  Powers  of  Congress, 
129. 

Speaker  of  the  House,  179. 

Specific  Duties,  107. 

State,  26 ;  Legislatures,  134 ;  The  De- 
partment of,  182. 

States  and  the  Nation,  Origin  of  the,  28, 

Succession  to  the  Presidency,  151. 

Succession  to  the  Vice-Presidency,  178. 

Superintendence,  State,  18. 

Supervision,  18. 

Supremacy  of  the  United  States  Gov- 
ernment, 169. 

Surveyors  of  Highways,  4. 

Taxation,  21. 

Taxes,  2 ;  Assessors  of,  4 ;  Collection 
of,  24;  Collectors  of,  5 ;  Exemptions 
from,  25  :  Levying  of,  23 ;  Powers  of 
Congress,  106. 

Term  of  President,  137. 

Territorial  Growth,  207. 

Territories,  The,  167. 

Titles  of  Nobility,  133. 

Town  Clerk,  3. 

Town  Government,  A,  2. 

Town  Meeting,  2. 

Town  Officers,  2. 

Town  Treasurer,  3. 

Township  System,  The,  17. 

Township,  The,  i. 


250 


INDEX. 


Treason,  161 ;  The  Punishment  of,  162. 

Treasurer,  24. 

Treasury  Accounts,  132. 

Treasury  Department,  The,  184. 

Treasury  Notes,  199. 

Union,  The  Difficulties  in  the  Way  of, 
38;  The  First  Attempt  at,  36:  The 
Germs  of,  36 ;  The  Second  Attempt 
at,  38 ;  The  Third  Attempt  at,  38. 

United  States  Government  Supreme, 
169. 


Valuation  of  Property,  22. 
Vice-President,    137 ;    Election  of  the, 

148. 

Village  Officers,  8. 
Villages,  6. 

War  Department,  The,  186. 
War,  Powers  of  Congress,  122. 
Washington  elected  President,  61. 
Weights  and  Measures,  Powers  of  Con- 
gress, III,    112. 

What  shall  the  future  be,  214. 


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